P. v. Tyquiengco CA1/2
Defendant John Tyquiengco was charged with two counts of lewd conduct involving a child less than 14 years of age. During a hearing on in limine motions, the trial court ordered that evidence of defendant’s allegedly inappropriate sexual behavior towards the child’s mother years earlier was not to be introduced until the court ruled on its admissibility. Despite this order, on re-direct examination of the mother, the prosecutor asked if she had ever had problems with defendant. Defense counsel objected, and the mother did not answer. Defendant was ultimately convicted as charged and sentenced to three years in state prison. On appeal, he contends the prosecutor committed misconduct by asking a question, in violation of the court’s order, that suggested he had a history of sexual misconduct with children. He argues the evidence was inadmissible and the question undermined his defense that he lacked the intent to commit the charged offenses due to dementia.
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