P. v. Flynn
A jury convicted appellant Ricky Marshall Flynn of forcible sodomy, lewd or lascivious acts with a minor, and assault with intent to commit oral copulation by force. He contends his convictions should be reversed because the trial court (1) erred in excluding prior statements made by the victim regarding sexual activity, which were offered to challenge the victim’s credibility and as an explanation for the physical state of the victim, (2) erred in excluding evidence of the victim’s reputation for defiance and violence, (3) had a sua sponte duty to instruct the jury on the lesser included offense of nonforcible sodomy, (4) erred in refusing a special instruction that addressed Flynn’s police interview and its admissibility, and (5) abused its discretion when it denied a motion for a mistrial.
Flynn also asks this court to correct the abstract of judgment, which fails to state the breakdown of the aggregate amount of fees imposed at sentencing, and to review the school records of the victim to determine if the trial court released all documents referencing dishonesty, sexual activity, violent activity, illicit drug use, lack of sobriety, or other misbehavior.
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