Manning
People v. Manning
Opinion
Opinion
Hollenhorst, J.
I. INTRODUCTION
Defendant Gary Lynn Manning appeals from his conviction of battery on an institutionalized victim (Pen. Code, § 243.4, subd. (b)). He contends the trial court erred in (1) admitting evidence of defendant’s prior sexual offenses; (2) excluding expert testimony on the meaning of a People v. West plea; and (3) failing to give a limiting instruction as to the victim’s fresh complaint. We find no error, and we affirm.
II. FACTS AND PROCEDURAL BACKGROUND
A. Current Offense
On October 17, 2003, Jane Doe No. 1 had knee surgery at Arrowhead Regional Medical Center in Colton. Defendant was the student nurse anesthetist for her surgery. During the surgery, he stood near her upper body while the other members of the surgical team were by her knee, on the other side of a curtain that crossed her upper body. Jane Doe No. 1 testified that three times during the surgery, she woke up and felt defendant’s hands under her hospital gown fondling and squeezing her breasts and nipples. While he was doing so, he asked her if it felt good.
After the surgery, when Jane Doe No. 1 was lying on a hospital bed in the recovery room, defendant came in and told her he needed to…