People v. Mitchell

[Opinion certified for partial publication. * ]

Opinion

—Kurt William Mitchell was convicted of forcible oral copulation and false imprisonment (Pen. Code, §§ 288a, subd. (c) and 236). He claims the trial court erred in (1) precluding him from offering evidence of his good character for truth and veracity, (2) allowing testimony concerning an admission overheard in a jailhouse conversation with his wife, (3) permitting overly detailed fresh complaint evidence, and (4) refusing to give instructions on certain claimed lesser included or related offenses.

I *

On November 11, 1981, about 2:30 in the afternoon, the victim ran out of gas near the Garden Grove freeway’s Magnolia off-ramp on the way *256 home from her employment. Mitchell stopped his truck and offered a lift to a gas station. She accepted. While driving on the freeway after obtaining the gas, Mitchell forced her to masturbate and orally copulate him to climax. He then left her at her vehicle.

Mitchell was arrested in May of 1982, when the victim spotted him doing landscape work in the City of Westminster. Garden Grove Police Officer Bailey later transported Mitchell from the Westminster Police Department to the…