Taylor

People v. Taylor

Good Law
180 Cal. App. 3d 622·1986 Cal. App. LEXIS 1534·225 Cal. Rptr. 733
Court of Appeal of CaliforniaApril 30, 1986Crim. 13256California5,425 words

Opinion

Opinion

Carr, J.

A jury convicted defendant of the rape of a mentally incompetent person. (Pen. Code, § 261, subd. (I).) He appeals, contending: (1) insufficiency of the evidence; (2) error in the denial of his motion for a psychiatric examination of the victim; (3) hearsay evidence was erroneously admitted; (4) error in admitting evidence of an uncharged act; and (5) his motion to introduce evidence of his reputation for truth and veracity was erroneously denied. We conclude the last contention has merit, and in this close case where credibility was the key issue, that the error requires reversal.

Facts

Defendant was employed as an orderly at the Laurel Hills Developmental Living Center for developmentally handicapped persons. The Center consists of three residential buildings: the main building, Sierra Cottage and Foothill Cottage. One hundred fourteen persons reside at the center. A school for handicapped students, the Laurel Ruff Center, is located adjacent to Laurel Hills. Prior to the incident in question, defendant had been employed at Laurel Hills for approximately eight months.

On the morning of September 13, 1982, defendant was assigned to work in Foothill Cottage, where the…

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