P. v. Ramirez
Court review this case for the second time. The first jury convicted Andrew Ramirez of five counts of committing a lewd act on a child under 14 years old (Pen. Code, S 288, subd. (a)), and the court imposed a 14 year sentence. On Ramirez' first appeal court reversed the judgment because "the trial court failed to conduct an adequate hearing into whether a juror should have been dismissed" and remanded for a new trial. (People v. Ramirez (Sept. 30, 2004) B169822 [non pub. opn.] (Ramirez I).) On retrial, the jury again convicted Ramirez of the same five counts, and the judge also imposed a 14-year sentence.
Ramirez appeals, raising several challenges to his convictions and sentence. Court agree with Ramirez' contention that the court prejudicially erred in precluding him from introducing exculpatory portions of his testimony from the first trial after permitting the prosecution to introduce other portions as admissions. Court reverse the judgment and remand the case for a new trial. Because of court's conclusion, court do not discuss Ramirez' other contentions.
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