Kazee

People v. Kazee

Bad Law
121 Cal. Rptr. 221·1975 Cal. App. LEXIS 1049·47 Cal. App. 3d 593
Court of Appeal of CaliforniaApril 28, 1975Crim. 25486California884 words

Opinion

Opinion

Kaus, J.

Defendant was charged with seven counts of incest. (Pen. Code, § 285.) The victim on counts I through V was his daughter, C. His other daughter, S., was the victim named in counts VI and VII. Defendant was found guilty on two counts involving C. and one count concerning S. After abortive MDSO proceedings, defendant was sentenced to concurrent prison terms.

On appeal, defendant’s appointed counsel wisely does not challenge the sufficiency of the evidence to support the convictions. Rather, he claims that the trial was infected by error in three respects: First, the admission of evidence of sexual relations by each of the daughters with other men, with implicit or explicit suggestions that such relations were encouraged by defendant; second, the admission of evidence of beatings and other acts of brutality on the part of defendant toward the victims and other members of his family; and, third, the admission of evidence of sexual relations between defendant and two older stepsisters of S. and C.—daughters of defendant’s wife from a prior relationship.

The first two points have no merit whatever. Issues concerning the sexual relationships between the victims and other men…

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