Fear Not Law Articles: P. v. Chapman

P. v. Chapman

Filed 2/15/07 P. v. Chapman CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

THIRD APPELLATE DISTRICT

(Sacramento)

----

THE PEOPLE,

Plaintiff and Respondent,

WILLIAM CHAPMAN,

Defendant and Appellant.

C051617

(Super. Ct. No. 05F01664)

An information accused defendant William Chapman of four sexual offenses against victim A.T. and four sexual offenses against victim D.B. Two of the counts involving A.T. were dismissed at the close of the prosecution case and the jury acquitted defendant of the other two counts involving A.T.

As to D.B., defendant was convicted of sexual battery of

a restrained person (Pen. Code, § 243.4, subd. (a); count one), forcible oral copulation (Pen. Code, § 288a, subd. (c)(2); count two), forcible rape (Pen. Code, § 261, subd. (a)(2); count three), and kidnapping (Pen. Code, § 207; count four) as a lesser included offense of kidnapping for rape (Pen. Code,

§ 209, subd. (b)(1)). On counts two and three, the jury found that defendant kidnapped D.B. within the meaning of Penal Code section 667.61, subdivision (d)(2).

Defendant was sentenced to state prison for six years for oral copulation plus consecutive terms of one year for sexual battery and 25 years to life for rape. Sentence for kidnapping was stayed pursuant to Penal Code section 654.

On appeal, defendant contends the trial court erred by (1) admitting evidence of uncharged prior acts pursuant to Evidence Code sections 1108 and 1101, and (2) instructing the jury with CALJIC No. 2.50.01, which violates the constitutional requirement of proof beyond a reasonable doubt.^{^[1]} We shall affirm the judgment.

FACTS^{^[2]}

Prosecution case-in-chief

D.B. testified that in August 2003 she lived in North Highlands with her then-husband and children. Her marriage was stressful and she was unable to accomplish all her tasks. She began using methamphetamine to give her energy to cope with her household duties and her husband's verbal and emotional abuse.

On August 12, 2003, D.B. was watching the children of her oldest daughter. At about dinner time, the daughter voiced recriminations concerning the husband's treatment of the children and D.B.'s failure to protect them. Around 5:30 or 6:00 p.m., D.B.'s oldest son arrived home and additional fighting ensued. In tears, D.B. left the house and went for

a walk. She wanted to â€

Description	An information accused defendant of four sexual offenses against victim A.T. and four sexual offenses against victim D.B. Two of the counts involving A.T. were dismissed at the close of the prosecution case and the jury acquitted defendant of the other two counts involving A.T. As to D.B., defendant was convicted of sexual battery of a restrained person (Pen. Code, S 243.4, subd. (a); count one), forcible oral copulation (Pen. Code, S 288a, subd. (c)(2); count two), forcible rape (Pen. Code, S 261, subd. (a)(2); count three), and kidnapping (Pen. Code, S 207; count four) as a lesser included offense of kidnapping for rape (Pen. Code, S 209, subd. (b)(1)). On counts two and three, the jury found that defendant kidnapped D.B. within the meaning of Penal Code section 667.61, subdivision (d)(2). Defendant was sentenced to state prison for six years for oral copulation plus consecutive terms of one year for sexual battery and 25 years to life for rape. Sentence for kidnapping was stayed pursuant to Penal Code section 654. On appeal, defendant contends the trial court erred by (1) admitting evidence of uncharged prior acts pursuant to Evidence Code sections 1108 and 1101, and (2) instructing the jury with CALJIC No. 2.50.01, which violates the constitutional requirement of proof beyond a reasonable doubt. Court affirm the judgment.
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