People v. Boles CA2/7

INTRODUCTION

A jury convicted Malcolm Tyrone Boles of human trafficking of a minor for a commercial sex act, several counts of sexual assault, and misdemeanor false imprisonment. Boles was tried with two codefendants. On appeal, Boles contends the trial court violated his right to confrontation by admitting a codefendant’s redacted testimonial statement without instructing the jury it could only use the statement against the codefendant or alternatively by not sufficiently redacting the statement. Boles also argues the judgment should be reversed for instructional error regarding two charges: rape in concert and oral copulation in concert. He additionally contends the case should be remanded for resentencing under amended Penal Code section 1170, subdivision (b), and amended section 654.1 We conclude the admission of codefendant Kayla Middleton’s statements was harmless error given the overwhelming evidence of Boles’s guilt. Consistent with our ruling in People v. Middleton (2023) 91 Cal.App.5th 749 (Middleton), we determine there was no instructional error on the rape-in-concert charge. The People concede, and we agree, that the trial court erred in its instructions on oral…