People v. Murphy

James Marcellos Murphy appeals from the judgment of conviction of oral copulation by force or fear (Pen. Code, § 288a) and felony false imprisonment (§§ 236, 237) that followed a jury trial. The court sentenced defendant Murphy to total term of six years, consisting of a six-year principal term and a two-year concurrent term.

On appeal, defendant Murphy claims that use of a one-way glass during the alleged victim’s testimony violated his constitutional rights to confrontation and due process, the court prejudicially erred by excluding evidence of a tape recorded telephone conversation between defendant and the alleged victim, and the court should have stayed the sentence on the false imprisonment count rather than ordered it served concurrently (see § 654).

Defendant asserts that the trial court’s decision to allow the use of a one-way glass during a portion of the testimony of the alleged victim, an adult, violated his Sixth Amendment right of confrontation. The glass prevented the witness from seeing the defendant while she testified but permitted the jury and the defendant to observe her demeanor.

Sydney Doe, the alleged victim, began testifying in the afternoon…