Sylvia
People v. Sylvia
Opinion
Opinion
Peters, J.
A hearing was granted in this ease because of a number of procedural errors that occurred in the court below. These procedural irregularities involved substantial delays in obtaining the record on appeal, claimed omissions from the record, and claimed errors in preparing and certifying the record. Serious charges were made against the attorney who had been retained by appellant to present the appeal. Most of these errors were cured by the granting of this petition, by permitting defendant to employ his present counsel, and by permitting such counsel to file supplemental briefs.
Defendant was charged with four separate sex crimes. Counts one and two charged violations of sections 288a and 288 of the Penal Code, respectively, with one Barbara, then 12 years of age. Count three charged a violation of section 288 of the Penal Code upon the body of Patty, then a 10-year-old child. Count four charged the statutory rape of one Sandra, then 16 years of age. The rape charge, on motion of the prosecution, was dismissed during the trial.
On the merits, the ease is not a close one. The defendant was tried before the court, a jury having been waived. He was found guilty of the offenses…