Mabini

People v. Mabini

Good Law
112 Cal. Rptr. 2d 159·2001 Cal. App. LEXIS 764·2001 Daily Journal DAR 10477·92 Cal. App. 4th 654·2001 Cal. Daily Op. Serv. 8517
Court of Appeal of CaliforniaSeptember 27, 2001No. B145692California3,287 words

Opinion

Lead Opinion

Yegan, J.

Jaime Bandal Mabini appeals from the judgment entered following his conviction by jury on two counts of committing a lewd act upon a child. (Pen. Code, § 288, subd. (a).) 1 He was sentenced to prison for eight years.

The counts involved different victims: Sheila R. and Kayla C. Appellant challenges his conviction only on the count involving Sheila R. The generally applicable six-year statute of limitations (§ 800) had expired on this charge. However, the jury found true the allegation that the charge had been timely filed under section 803, subdivision (g). This statute requires, inter alia, that the victim’s testimony be clearly and convincingly corroborated by independent evidence. (§ 803, subd. (g)(2)(B), hereafter the corroboration requirement.) Appellant contends that the evidence is insufficient to support the true finding because Sheila R.’s testimony was not adequately corroborated. In addition, he argues that the trial court erroneously instructed the jury on the standard of proof applicable to the corroboration requirement. We affirm.

*657 Facts

Sheila R. was bom in 1983. Appellant, her grandfather, lived in the same house with her from 1991 to 1994. From the…

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