Tompkins

People v. Tompkins

Caution
110 Cal. Rptr. 3d 918·185 Cal. App. 4th 1253·2010 Cal. App. LEXIS 957
Court of Appeal of CaliforniaJune 23, 2010E047842California5,047 words

Opinion

Opinion

Hollenhorst, J.

I. INTRODUCTION

Defendant Wayne Frederick Tompkins appeals from his conviction of 11 counts of lewd and lascivious acts with a minor under the age of 14 (Pen. Code, 288, subd. (a); counts 1-11); two counts of penetration of a person under the age of 18 with a foreign object (§ 289, subd. (h); counts 41-42); one count of using a minor to perform prohibited acts (§ 311.4, subd. (c); count 44); and four counts of lewd and lascivious acts with a minor under the age of 16 and more than 10 years younger than defendant (§ 288, subd. (c)(1); counts 45-48).

Defendant argues the evidence was insufficient to support several of the counts involving victim Jane Doe 2, because (1) the corpus delicti rule prohibited convicting him of acts described only by his out-of-court statements, (2) the victim’s generic testimony was insufficient to establish his guilt, and (3) with respect to his conviction of a violation of section 311.4, subdivision (c), there was no evidence he filmed the victim. He further contends the trial court erred in permitting a detective to testify as an expert on child sex abuse about victims’ difficulties remembering the number of molestations and distinguishing…

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