Dayan
People v. Dayan
Opinion
Opinion
Wunderlich, J.
I. Statement of the Case
Defendant Dr. H. Joshua Dayan appeals from a judgment entered after a jury found him guilty of felony and misdemeanor false imprisonment (Pen. Code, §§ 236, 237), five counts of misdemeanor sexual battery (Pen. Code, § 243.4, subd. (d)), and solicitation for prostitution (Pen. Code, § 647, subd. (b). He claims there is insufficient evidence of solicitation, felony false imprisonment, and three misdemeanor sexual battery offenses. He further claims the court erred in admitting the prior testimony of a witness and evidence of uncharged acts, excluding evidence designed to impeach one of the victim/witnesses, and allowing a police officer to make a statement at the sentencing hearing.
We affirm the judgment.
II. Facts
Viewing all of the evidence in the light most favorable to the judgment, we summarize the essential facts as follows. (See People v. Mosher (1969) 1 Cal.3d 379, 395 [ 82 Cal.Rptr. 379 , 461 P.2d 659 ].)
A. The Prosecution
On the afternoon of September 1, 1992, Barbara O. called defendant, her dentist, and said she was experiencing intolerable pain and was unable to bite or chew. Defendant said she needed a root canal and asked her…