P. v. Brownlee
Appellant challenges his false imprisonment by violence, criminal threats, and forcible rape convictions on the grounds that permitting the jury to consider prior uncharged sexual assaults violated due process, the trial court erred by refusing to reread the cross-examination requested by the jury, and violated due process by imposing upper, full, consecutive terms on the basis of facts found by the court, rather than the jury. Court concluded the jury’s consideration of evidence of a prior sexual assault by appellant did not violate due process. However, the court’s error in refusing to reread the cross-examination testimony, as requested by the jury, requires reversal.
Comments on P. v. Brownlee