People v. Arnold CA4/2

I. INTRODUCTION

Defendant, Michael John Arnold, age 32, engaged in consensual sex with 16-year-

old Jane Doe. He was convicted of unlawful sexual intercourse (Pen. Code, § 261.5) and

oral copulation with a person under 18 (Pen. Code, § 288a, subd. (b)(1)).

On appeal, he contends the trial court erred in allowing into evidence a description

of the contents of a magazine found in a chest of drawers in his bedroom. He further

submits that various e-mail communications between himself and Doe were erroneously

admitted into evidence because they were not properly authenticated. Lastly, he argues

the court abused its discretion in not inquiring further of Juror No. 7 as to whether he

could be fair and impartial after defendant struck up a conversation with the juror during

a break, while both were in the bathroom. We find no error.

A description of the contents of the “Lollypop” magazine were admissible under

Evidence Code section 1101, subdivision (b)1 as to the issues of motive and identity. The

e-mail communications were authenticated under sections 1420 and 1421. Lastly, the

court did not abuse its discretion in refusing to inquire further of Juror No. 7 as to

whether…