People v. McCarthy CA1/5

Filed 4/16/15 P. v. McCarthy CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE,

Plaintiff and Respondent,

A138682

v. JAMES TIMOTHY MCCARTHY, (Alameda County Super. Ct. No. 170220) Defendant and Appellant.

Appellant James Timothy McCarthy (appellant) appeals his convictions for 10 counts of aggravated sexual assault of a child, continuous sexual abuse of a child, and forcible rape of his daughter, Jane Doe. He contends he was deprived of a fair trial because the trial court was biased and allied itself with the prosecution. He further contends there was insufficient evidence of duress to support his convictions. Lastly, he requests this court review sealed records to determine if the trial court properly found no discoverable material…