In Re Carlos M.

People v. Carlos M.

Good Law
1990 Cal. App. LEXIS 481·220 Cal. App. 3d 372·269 Cal. Rptr. 447
Court of Appeal of CaliforniaMay 16, 1990D009147California5,327 words

Opinion

Opinion

Froehlich, J.

Carlos M. appeals from an order adjudging him a ward of the court because, as a minor, he had committed an oral copulation by force, in violation of Penal Code section 288a(d). (Welf. & Inst. Code, § 602.) He was placed on probation, ordered returned to Mexico (pursuant to Welf. & Inst. Code, § 738), and enjoined not to return to the United States without proper documentation.

Appellant raises several contentions on appeal. First, he argues the court erroneously denied his motion to suppress certain evidence, which he contended was the tainted fruit of an illegal search and seizure. Second, he contends certain pretrial and in-court identifications of him by the victim should have been suppressed, being the tainted products of an unnecessarily suggestive “one-person show-up.” Finally, he argues the evidence is insufficient, as a matter of law, to show that he forced himself upon the victim or was aware that others had applied force to the victim or threatened her with bodily injury.

For the reasons discussed below, we affirm.

I. Factual and Procedural Background

A. Prosecution’s Case

The facts, viewed most favorably in support of the judgment (People v. Fowler (1982)…

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