In Re Dalton

RYLAARSDAM, Acting P.J.

We grant a petition for writ of habeas corpus filed after the appellate division affirmed the jury's conviction of petitioner Del B. Dalton (defendant), a physician, of six misdemeanors: three counts of sexual battery, one count of battery, and two counts of misrepresenting his certification in a medical specialty. The trial court violated defendant's constitutional right not to testify against himself, which violation may have affected the findings of guilt. No material facts relating to the issues are in dispute. ( In re Eichorn (1998) 69 Cal.App.4th 382, 387-388, fn. 3 , 81 Cal.Rptr.2d 535 .) Although there were other substantial irregularities which add to our determination that the violations of defendant's Fifth Amendment right were not harmless beyond a reasonable doubt, the court's initiation of defendant's testimony in the presence of the jury alone is sufficient to compel us to grant the petition and order a new trial.

We need not provide a detailed recitation of the facts underlying the charged crimes in order to address the dispositive issue. The convictions are based on complaints from women who claim that while undergoing medical treatment…