P. v. Osman CA2/7
Defendant Rodney Ian Osman was convicted by a jury of oral copulation of an unconscious person (Pen. Code, § 288a, subd. (f)). The trial court placed Osman on five years of formal probation on the condition he serve five days in county jail with credit for time served. On appeal Osman contends, citing Evidence Code section 1103, subdivision (c)(4), the trial court improperly excluded evidence of the victim K.T.’s prior sexual relationship with a man to rebut evidence at trial suggesting K.T. would not have initiated physical contact with Osman because she was a lesbian. Osman also contends the prosecutor’s closing argument was misleading. We affirm.
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