Fear Not Law Articles: P. v. Agbalog

P. v. Agbalog

Filed 1/12/07 P. v. Agbalog CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

PACHUCO ANTHONY AGBALOG,

Defendant and Appellant.

H029501

(Santa Clara County

Super. Ct. No. CC454333)

Defendant Pachuco Anthony Agbalog appeals from his convictions on charges of rape and sexual intercourse with a person under the age of 16. His principal contention is that the trial court erred in addressing the refusal by the alleged victim, a minor, to testify concerning the circumstances of the offense. We are constrained by paramount authority to conclude that, although the circumstances do not fall within any of the provisions of the governing statute, the trial court properly found the alleged victim to be â€

Description	Defendant appeals from his convictions on charges of rape and sexual intercourse with a person under the age of 16. His principal contention is that the trial court erred in addressing the refusal by the alleged victim, a minor, to testify concerning the circumstances of the offense. Court are constrained by paramount authority to conclude that, although the circumstances do not fall within any of the provisions of the governing statute, the trial court properly found the alleged victim to be 'unavailable as a witness' such that her preliminary hearing testimony was properly admitted. Nor can court say that defendant has established reversible error in any other respect. Accordingly, court affirm the judgment.
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