Lomeli
People v. Lomeli
Opinion
Opinion
Martin, J.
Statement of the Case
On February 21, 1992, the Kern County District Attorney filed a five-count information against Luis Alberto Lomeli, Jr. (defendant), charging him in count 1 with oral copulation (Pen. Code, § 288a, subd. (c)), in count 2 with touching an intimate part of the victim (§ 243.4, subd. (a)), in count 3 with assault with intent to accomplish an act of sexual intercourse (§ 220 and former § 261, subd. (2)), a serious felony within the meaning of section 1192.7, subdivision (c)(10), in count 4 with false imprisonment (§ 236), and in count 5 with burglary (former § 460, subd. 1), a serious felony within the meaning of section 1192.7, subdivision (c)(18), and further alleging that defendant was ineligible for probation (§ 462, subd. (a)). It was further alleged under counts 1 through 4 that defendant suffered a prior conviction within the meaning of section 667.5, subdivision (e).
On April 21, 1992, the process of selecting jurors commenced. Prospective jurors were sworn and received a questionnaire.
The People’s motion in limine to exclude evidence of the victim’s prior juvenile misdemeanor adjudication was granted. However, the prosecution was permitted…