Huber

People v. Huber

Good Law
181 Cal. App. 3d 601·1986 Cal. App. LEXIS 1635·227 Cal. Rptr. 113
Court of Appeal of CaliforniaApril 30, 1986A026447California12,299 words

Opinion

Opinion

Poche, J.

John Ellis Huber appeals from a judgment of conviction entered upon jury verdicts finding him guilty of 26 felony counts the majority of which were sexual offenses, and numerous enhancements. He was sentenced to state prison for the aggregate term of 106 years and 4 months. We affirm in all respects.

I.

The Evidence

Because the 26 felony crimes occurred on 4 separate dates over a 22-month period and involved 6 female victims, the evidence is best grouped by date.

A.

The Prosecution’s Case

March 29, 1981 (counts 1-13)

In March of 1981, Kathryn B. and Victoria D. lived together in a downstairs apartment at the Cardiff Garden Apartments in Campbell. On March 29, Victoria went to sleep about 10 p.m.; Kathryn arrived home from work the next morning about 1 a.m. Kathryn was later awakened by the sound of creaking floorboards. When she asked if it was Vickie, a man’s voice answered “‘Yes.’” Realizing it was not Victoria, Kathryn screamed for her roommate. The man “jumped” on the bed, placed his hands on Kathryn’s throat, and said, “‘Shut up or I’ll kill you.’” Hearing Victoria stirring in the other room, the man directed Kathryn to reassure her; she did. Victoria heard…

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