Powell

People v. Powell

Good Law
124 Cal. Rptr. 3d 214·194 Cal. App. 4th 1268·2011 Cal. App. LEXIS 515
Court of Appeal of CaliforniaApril 29, 2011No. H034349California10,786 words

Opinion

Lead Opinion

Duffy, J.

A jury convicted defendant Darían Manuel Powell of raping his young daughter and exposing her to obscene pornographic movies. On appeal, he claims that the trial court improperly refused to let him represent himself at trial, incorrectly ruled that his daughter could testify against him via closed-circuit television, and made mistakes in deciding the length of his sentence. He also claims that the evidence the jury received was too weak to allow it to convict him of exposing his daughter to the pornographic movies.

We find no reason to reverse the judgment and will affirm it.

PROCEDURAL BACKGROUND

A jury convicted defendant of unlawful sexual intercourse with a minor 10 years old or younger. (Pen. Code, § 288.7, subd. (a).) 1 It also convicted him of exhibiting harmful matter to a minor for purposes of seduction and sexual gratification. (§ 288.2, subd. (a).) Harmful matter, for purposes of section 288.2, essentially means obscene material as defined in Miller v. California (1973) 413 U.S. 15, 24-25 [ 37 L.Ed.2d 419 , 93 S.Ct. 2607 ] (Miller), but with certain differences, including a gloss that the material must have no redeeming value within the meaning of Miller for…

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