Robertson

People v. Robertson

Good Law
113 Cal. App. 4th 389·2003 Cal. App. LEXIS 1699·2003 Daily Journal DAR 12403·6 Cal. Rptr. 3d 363·2003 Cal. Daily Op. Serv. 9870
Court of Appeal of CaliforniaNovember 17, 2003F040143California1,467 words

Opinion

Opinion

Vartabedian, J.

Defendant Bert Gene Robertson was found guilty of five sex crimes against C.S. and one sex crime against S.M. The crime against S.M. was charged under the authority of Penal Code section 803, subdivision (g), a special supplementary statute of limitations for certain sex crimes against minors. In the published portion of this opinion, we reject defendant’s claim that section 803, subdivision (g) violates ex post facto and due process principles and, even if constitutional, did not have retroactive effect until 1997. Defendant also argues the evidence is insufficient to satisfy the corroboration requirement in section 803, subdivision (g), and the trial court erred in admitting evidence of uncharged prior sexual offenses and in giving a related jury instruction. We affirm.

PROCEDURAL BACKGROUND

Defendant was charged in count 1 with a lewd and lascivious act with a child under the age of 14 against S.M. occurring between January 1, 1990, and November 30, 1991. (§ 288, subd. (a).) It was alleged that the statute of limitations for this crime had been extended pursuant to section 803, subdivision (g). Counts 2, 3, 5 and 6 alleged a lewd and lascivious act with a child 14 or…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.