Filed 12/14/05 P. v. Keo CA6
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
THE PEOPLE, Plaintiff and Respondent, v. DARYN KEO, Defendant and Appellant. | H028438 (Santa Clara County Super. Ct. No. EE403275) |
Defendant Daryn Keo appeals a judgment of conviction for attempting to dissuade a victim from reporting a crime. On appeal, defendant claims there is insufficient evidence to support the conviction, and that the trial court committed instructional error in answering one of the jury's questions during deliberations. We affirm.
Statement of the Facts and Case
In December 2003, defendant raped his eight-year-old step daughter. After the rape, when the victim began bleeding from her vagina, defendant directed the victim to tell her mother that defendant had put his finger in her vagina. The victim understood defendant's command to mean that she should tell the same story to anyone who asked.
When the victim's mother returned home, she took the victim to the hospital. While there, the victim told the doctor that someone had â€