P. v. Mathews
A jury convicted defendant Phillip Victor Mathews of seven counts of violating Penal Code section 288, subdivision (c)(1) (commission of a lewd act upon a child; counts 1 to 7) and three counts of violating section 288a, subdivision (b)(2) (oral copulation of a child under the age of 16 by a person over the age of 21; counts 8 to 10). The victim was his stepdaughter, Mia, who was between 14 and 15 when the violations occurred.
Defendant argues the trial court erred in failing to find a prima facie case of systematic exclusion of women from the jury, and the prosecutor engaged in misconduct in her closing argument. Court conclude defendant did not raise an inference of impermissible bias against female jurors, and defendants claim of prosecutorial misconduct was forfeited because he failed to make a timely objection.
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