Dayan

People v. Dayan

Good Law
1995 Cal. App. LEXIS 400·34 Cal. App. 4th 707·40 Cal. Rptr. 2d 391·95 Daily Journal DAR 5549·95 Cal. Daily Op. Serv. 3251
Court of Appeal of CaliforniaApril 28, 1995H012265California3,687 words

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…

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