People v. Scott M.

Caution
167 Cal. App. 3d 688·1985 Cal. App. LEXIS 2015·213 Cal. Rptr. 456
Court of Appeal of CaliforniaApril 30, 1985F003673California5,401 words

Opinion

Opinion

Wall, J.

Statement of the Case

After a jury trial, appellant was found not guilty of Penal Code section 261, subdivision (2) (forcible rape); section 288a, subdivision (c) (forcible oral copulation); section 286, subdivision (c) (forcible sodomy); section 289 (forcible penetration of anal opening by foreign object); and section 236 (false imprisonment).

Thereafter, appellant filed a petition to seal and destroy arrest records pursuant to sections 851.8, subdivision (e) and 851.85. The trial judge denied the petition and appellant appeals.

The notice of appeal contained a request for appointment of attorney and a declaration of appellant’s indigency.

Statement of the Facts

Criminal Trial

A. Prosecution case

The alleged victim, Rosalie L., attended a birthday party at the Fresno home of her sister and brother-in-law, Julia and Jesus Fernandez, on June 12, 1982. Ms. L. drank several cups of beer during the party. After the party ended, because Jesus Fernandez had driven her to his residence, Ms. L. expected him to drive her home. However, Jesus was asleep and Julia was tired, so Julia suggested that Ms. L. remain for the night, and be driven home in the morning.

Concerned…

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