P. v. Rubio
Defendant was convicted by jury trial of two counts of felony sexual battery (Pen. Code, 243.4, subd. (a)) and one count of misdemeanor indecent exposure (Pen. Code, 314, subd. (1)). He was convicted after a court trial of unlawful possession of testosterone (Health & Safe. Code, 11377, subd. (a)). Defendant was committed to state prison for a term of five years.
On appeal, defendant claims that the sexual battery counts are not supported by substantial evidence. He also contends that the trial court erred in denying his new trial motion, which was based on juror misconduct. Court conclude that substantial evidence supports both sexual battery counts, but Court find that the trial court erred in denying defendants new trial motion. Court reverse the judgment and remand the matter for a new trial.
Comments on P. v. Rubio