Belasco

People v. Belasco

Good Law
125 Cal. App. 3d 974·178 Cal. Rptr. 461·1981 Cal. App. LEXIS 2385
Court of Appeal of CaliforniaNovember 23, 1981Crim. 39054California3,044 words

Opinion

Opinion

Hastings, J.

Defendant Frank Belasco appeals from the judgment entered following a nonjury trial that resulted in his conviction of rape (count I—Pen. Code, § 261, subds. 2 and 3); unlawful sexual intercourse with a minor (count II—Pen. Code, § 261.5); and oral copulation (count III—Pen. Code, § 288a, subd. (b)(2)). He was sentenced to the state prison for the upper term of three years on count II as the court found “substantial aggravation”; said count was also found to be the principal term under Penal Code section 667.6. As to count I, he was sentenced to eight years, the sentence to run consecutively with count II pursuant to Penal Code section 667.6. The sentence as to count III was merged under Penal Code section 654 with count II and stayed until the sentences in counts I and II have been served. He appeals contending (1) that the trial court rulings on the admissibility of prior uncharged offenses and on the admissibility of “fresh complaint” testimony effectively denied the fundamental constitutional right of confrontation; (2) that he was denied a fair hearing by the rulings on evidence of prior uncharged sexual conduct between himself and the alleged victim; (3) that…

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