P. v. Turnbull
Filed 8/24/06 P. v. Turnbull CA1/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIRST APPELLATE DISTRICT
DIVISION ONE
| THE PEOPLE, Plaintiff and Respondent, v. ANTHONY WILLIAM TURNBULL, Defendant and Appellant. | A110844 (San Mateo County Super. Ct. No. SC054874A) |
Following a jury trial defendant was convicted of commission of a lewd or lascivious act on a child under the age of 14 (Pen. Code, § 288, subd. (a)), and was sentenced to a term of eight years in state prison. In this appeal he claims that the trial court erred by admitting evidence of two uncharged sex offenses against minors, and excluding defense evidence of third party culpability of one of those offenses. He also objects to the trial court's instruction on the consideration of uncharged offenses. We conclude that no errors were committed by the trial court in the rulings on the admission of evidence, and the CALJIC No. 2.50.01 instruction was proper. We therefore affirm the judgment.
STATEMENT OF FACTS
After the death of his mother in June of 1996, defendant lived with his uncle Samuel in Menlo Park.[1] Samuel's wife Erin and three sons, including the victim Joshua, also lived in the house.[2] Samuel testified that he trusted defendant with his children and loved him like his own son. Joshua looked upon defendant as an older brother.
Between October of 1999 and October of 2000, Joshua was 10 years old; defendant, his cousin, was then 20 years old. One afternoon when Samuel was incapacitated with back pain and sleeping in his bedroom, defendant was charged with taking care of Joshua. Joshua testified that defendant took him into the â€
