Brown
People v. Brown
Opinion
Opinion
Richli, J.
Defendant Charles David Brown was convicted of 20 counts of forcible lewd and lascivious acts (Pen. Code, § 288, subd. (b)) against his stepdaughter, Michelle. He was sentenced to a consecutive middle term of six years for each count.
On appeal, Brown argues: (1) the trial court erred in ruling a statement taken in violation of his Sixth Amendment right to counsel could be used for impeachment; (2) the trial court violated principles of equal protection by failing to grant an additional peremptory challenge; (3) the trial court erred in allowing a detective to testify about indicators of the credibility of child witnesses; (4) the trial court erred in allowing a pediatrician to state her opinion Michelle had been molested; (5) the trial court erred in limiting discovery of a journal prepared by Brown’s wife, Edith; (6) the trial court’s evidentiary rulings denied Brown his rights to confront witnesses and present a defense; (7) the instruction on the definition of a lewd and lascivious act misled the jury; (8) the special instruction on child witnesses violated his due process rights; (9) instructing the jury with CALJIC No. 10.60 unconstitutionally skewed the…