People v. Stone

Tracy Arthur Stone appeals his conviction on numerous charges arising from his abduction of and sexual assaults on two young children. During the court trial, he stipulated to admission of one victim’s grand jury testimony and to having the sanity-phase evidence heard before the court made a finding on the guilt phase. On appeal, he contends the advisements he received and the waivers he made on the record in the course of so stipulating were insufficient. We affirm.

Facts

The issues raised do not require a detailed recitation of the evidence.

Jessica M., an infant less than one year old, was abducted from her family home in Concord about 8:30 p.m. and recovered in West Pittsburg about two hours later. In addition to scratches, she had a vaginal laceration and redness indicating penetration. Defendant was linked to the crime by dog tracking from the point of Jessica’s recovery to a convenience store where a surveillance camera showed he had been at 10:58 p.m., and by a comparison of fibers from defendant’s carpeting and clothing to those found on Jessica and her clothing.

Three months later, Meghan R., a six-year-old child, was abducted from her mother’s…