Brodit
People v. Brodit
Opinion
Opinion
Parrilli, J.
— A jury convicted appellant Goodwin R. Brodit of a single count of continuous sexual abuse of a child (Pen. Code, § 288.5). The trial court sentenced appellant to the mitigated term of six years in prison. Appellant filed a timely appeal and a petition for writ of habeas corpus.
Appellant raises 10 separate issues in this consolidated proceeding. The most significant issues concern the admission of hearsay evidence under recently enacted Evidence Code sections 1360 and 1253. Those sections permit the court to admit a child abuse victim’s hearsay statements under certain specified conditions. Appellant contends, among other things, that sections 1360 and 1253 violate due process because they unfairly shift the “balance of forces” to the prosecution. We reject each of appellant’s contentions, affirm the judgment, and deny the petition for writ of habeas corpus.
I
Facts
Appellant’s brother, John, and John’s wife, Arcel were married in January 1992. Each had two minor children from prior marriages: Mica and John-John were John’s children, and Angelo and Athena were Arcel’s children. In March of 1992, the newly married couple and the four children moved into a two-story,…