Sanborn

People v. Sanborn

Good Law
133 Cal. App. 4th 1462·2005 Cal. App. LEXIS 1737·2005 Daily Journal DAR 13223·35 Cal. Rptr. 3d 592·2005 Cal. Daily Op. Serv. 9713
Court of Appeal of CaliforniaNovember 9, 2005E035729California1,994 words

Opinion

Opinion

Hollenhorst, J.

Defendant Frank Charles Sanborn appeals from his conviction of multiple felony counts of lewd acts with a child under the age of 14 and misdemeanor counts of cruelty to a child by endangering health. Defendant contends that (1) the trial court should have excluded evidence about the Child Sexual Abuse Accommodation Syndrome (CSAAS); (2) instructing the jury with CALJIC No. 10.64 violated his right to due process because the instruction is biased in favor of the prosecution; (3) his convictions for counts 2 through 8 should be reversed because the state violated his due process right to reciprocal discovery; and (4) the convictions should be reversed because the court discarded valid verdicts after a juror was dismissed and thereby denied him his right to due process and a jury trial and subjected him to double jeopardy. We reject defendant’s contentions, and we affirm.

I

FACTS AND PROCEDURAL BACKGROUND

Defendant was 34 years old in 1999. He lived with his sister and two nephews, then ages 11 and 13. Defendant took his nephews and other boys on camping trips, during which defendant sometimes furnished the boys with alcohol and left them unsupervised.

Counts 2 through 8…

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