Culton

A jury trial having been waived by defendant and the People, defendant was found guilty by the trial court of 10 counts, each charging defendant with a violation of Penal Code section 288, subdivision (a), a felony, by committing a lewd and lascivious act upon the body of Chelsea C. (minor), a child under the age of 14 years, during a certain time period.

The sentencing court suspended imposition of sentence and ordered defendant placed on five years’ formal probation subject to certain terms and conditions, one of which is that he serve three hundred and sixty-five days’ incarceration in the Riverside County jail.

Defendant assigns a single error on appeal. He contends that there was insufficient evidence of the corpus delicti as to each of the 10 offenses of which he was convicted—and that, consequently, the trial court erred in admitting into evidence his extrajudicial statements to a law enforcement officer, which statements were tantamount to a confession that he committed each of the alleged offenses. 2 -

*366 I

Facts and Procedural Background

During the presentation of the People’s case-in-chief, the People moved to admit into evidence exhibit 3, a tape…

As the author of the lead opinion, I am of course in agreement with the views expressed therein. Nevertheless, I write separately to express a further basis for affirming the judgment, which basis addresses an important issue of law referenced in footnote 3 of the lead opinion. To repeat: Has California’s corpus delicti rule been abrogated by article I, section 28, subdivision (d) of the California Constitution (the “Right to Truth-in-Evidence”)? 1 My answer is: Yes.

The RTE provides: “Right to Truth-in-Evidence. Except as provided by statute hereafter enacted by a two-thirds vote of the membership in each house of the Legislature, relevant evidence shall not be excluded in any criminal proceeding, including pretrial and post conviction motions and hearings, or in any trial or hearing of a juvenile for a criminal offense, whether heard in juvenile or adult court. Nothing in this section shall affect any existing statutory rule of evidence relating to privilege or hearsay, or Evidence Code, Sections 352, 782 or 1103. Nothing in this section shall affect any existing statutory or constitutional right of the press.” The RTE, then, operates so as to ensure the admissibility of…

A jury trial having been waived by defendant and the People, defendant was found guilty by the trial court of 10 counts, each charging defendant with a violation of Penal Code section 288, subdivision (a), a felony, by committing a lewd and lascivious act upon the body of Chelsea C. (minor), a child under the age of 14 years, during a certain time period. [1]

The sentencing court suspended imposition of sentence and ordered defendant placed on five years' formal probation subject to certain terms and conditions, one of which is that he serve three hundred and sixty-five days' incarceration in the Riverside County jail.

Defendant assigns a single error on appeal. He contends that there was insufficient evidence of the corpus delicti as to each of the 10 offenses of which he was convicted — and that, consequently, the trial court erred in admitting into evidence his extrajudicial statements to a law enforcement officer, which statements were tantamount to a confession that he committed each of the alleged offenses. [2] , [3]

During the presentation of the People's case-in-chief, the People moved to admit into evidence exhibit 3, a tape recording of the…