P.

P. v. Augustus CA4/1

Good Law
Court of Appeal of CaliforniaJuly 3, 2013D060939California6,567 words

Opinion

Opinion

Aaron, J.

I.

INTRODUCTION

A jury found Trevor Berne Augustus guilty of two counts of committing a lewd

act upon a child under the age of 14 years (Pen. Code, § 288, subd. (a)). The trial court

sentenced Augustus to five years in prison.

On appeal, Augustus claims that the trial court erred in admitting statements he

made to a pastor and to a member of his church, in which he admitted that he had

molested the victim. Augustus also claims that the prosecutor violated his constitutional

rights under Brady v. Maryland (1963) 373 U.S. 83 (Brady) and its progeny by failing to

timely disclose a prosecution witness's prior misdemeanor conviction. Finally, Augustus

claims that the trial court erred in admitting a recording of a police interview of the

victim during which the victim disclosed the molestations.

We affirm the judgment.

II.

FACTUAL AND PROCEDURAL BACKGROUND

A. The People's evidence

In early 2010, Augustus lived with his wife, Michelle and their adopted children,

12-year-old M.B. and her brother. Augustus's mother, Barbara Augustus (Barbara), also

lived on the property.

In the spring of 2010, Augustus took M.B. on a two-night camping trip. On…

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