Lomeli

People v. Lomeli

Bad Law
19 Cal. App. 4th 649·1993 Cal. App. LEXIS 1042·24 Cal. Rptr. 2d 5·93 Daily Journal DAR 13232·93 Cal. Daily Op. Serv. 7795
Court of Appeal of CaliforniaOctober 18, 1993F018122California2,719 words

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…

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