Tidwell

People v. Tidwell

Bad Law
163 Cal. App. 4th 1447·2008 Cal. App. LEXIS 920·78 Cal. Rptr. 3d 474·8 Cal. Daily Op. Serv. 7437
Court of Appeal of CaliforniaJune 17, 2008C054142California4,556 words

Opinion

Opinion

Nicholson, J.

— Convicted of rape and other crimes for his attack on a deaf woman, defendant was sentenced to state prison for 150 years to life plus one year. On appeal, defendant makes assertions of evidentiary error, instructional error, ineffective assistance of trial counsel, and sentencing error. We conclude that judgment must be modified by striking some of the jury’s true findings. As modified, we affirm. We also order the trial court to amend its minute order from sentencing and the abstract of judgment.

In the published portion of this opinion, we consider whether the procedure required by Evidence Code section 782 for admitting evidence of a victim’s prior sexual conduct to attack the victim’s credibility applies when the defense attempts to introduce evidence that the victim made prior false complaints of rape. We hold that Evidence Code section 782 does not apply in such circumstances.

FACTS

The victim, R.C., a deaf woman with a learning disability, was 21 years old when the attack took place on September 10, 2005. She communicates by sign language, reading lips, writing notes, and text messaging. She lived in the vicinity of the College Greens light rail station in…

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