Hefner

People v. Hefner

Good Law
127 Cal. App. 3d 88·179 Cal. Rptr. 336·1981 Cal. App. LEXIS 2513
Court of Appeal of CaliforniaDecember 23, 1981Crim. 11457California2,262 words

Opinion

Opinion

Work, J.

James Eugene Hefner was convicted on two counts of lewd and lascivious acts with a minor (Pen. Code, § 288) one count of oral copulation (§ 288a) and one count of annoying and molesting a child under 18 years of age (§ 647a). Hefner justifiably complains he was prejudiced by the negative courtroom atmosphere created by numerous barbed quips and demeaning comments, directed primarily at Hefner’s counsel, by the trial court in the presence of the jurors. Since we reverse for instructional error for the reasons following, we do not determine whether the conduct of which Hefner complains would, standing alone, justify reversal. However, because the allegation is one made with surprising frequency, we discuss it at length in the context of this record.

Hefner was convicted for: Count I—a May 24, 1978, lewd act upon his granddaughter, Shannon. Count II—a November 11, 1977, lewd act upon his granddaughter’s friend, Merisa. Count III—a November 11, 1977, act of oral copulation upon Cindy, a minor under the age of 16. Count IV—“on or about” November 11, 1977, unlawfully annoying Cindy. Hefner’s first trial adjourned with the jury deadlocked seven to five.

Hefner alleges the…

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