Delgado

People v. Delgado

Good Law
104 Cal. Rptr. 3d 495·181 Cal. App. 4th 839·2010 Cal. App. LEXIS 110
Court of Appeal of CaliforniaJanuary 15, 2010G041561California5,265 words

Opinion

Opinion

Ikola, J.

—Defendant Phillip Delgado challenges his convictions for sexual offenses against two minors. He contends he was wrongly tried in Riverside County on offenses committed in Los Angeles County. He further contends prosecution on the Los Angeles County offenses was time-barred. He also asserts the jury was tainted and the prosecutor violated his due process right by unfairly examining him on his post-Miranda silence.

We affirm the judgment of conviction. Penal Code section 784.7 allows prosecution of defendant’s sexual offenses in any county where any of the offenses occurred. Defendant has no vicinage right to trial on the Los Angeles County offenses only in that county. Applying section 784.7 to defendant does not violate the constitutional bans against ex post facto laws. The Los Angeles County offenses were timely prosecuted within one year of the victim’s report to the police. And the juror taint and due process claims are baseless and, in any event, harmless.

But we reverse as to sentence and remand for resentencing. The court was required to impose full, consecutive, determinate terms on two counts of committing forcible lewd acts on a child under…

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