Robbie

People v. Robbie

Bad Law
112 Cal. Rptr. 2d 479·92 Cal. App. 4th 1075
Court of Appeal of CaliforniaOctober 25, 2001A088619, A093142California5,252 words

Opinion

Opinion

Corrigan, J.

Defendant was convicted of kidnapping for sexual purposes, oral copulation and penetration with a foreign object. Because the court improperly allowed the prosecution to elicit inadmissible profile evidence, we reverse.

Statement of Facts and Procedural History

The prosecution’s witnesses gave the following recitation of events. Early on the evening of February 23, 1998, 16-year-old Jane Doe and her younger sister were at home when their mother left to attend church classes. About 15 minutes later, Jane told her sister she was going to use the telephone at the neighboring Escalante house because her own family’s phone was not working. Instead, Jane walked to a neighborhood pay phone and called her boyfriend Eddie Estrada. Jane’s mother had previously told Jane to have no contact with Eddie. While on the phone, Jane noticed a white truck with a camper shell parked near the phone booth and told Eddie that the driver appeared to be watching her. Eddie told her to go home and she did. Eddie corroborated this testimony at trial.

When Jane returned home, it was dusk. The lights were off and the door was locked. She walked to the Escalante house, believing her sister might be…

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