People v. Seldomridge

[364]

Opinion

BROWN (G. A.), P. J.

Appellant, Michael Hans Seldomridge, appeals from a judgment entered on a jury verdict finding him guilty of simple kidnaping (Pen. Code, § 207) and forcible oral copulation with a minor (Pen. Code, § 288a, subd. (c)). He raises two points: (1) the distance the minor was moved was insufficient to constitute kidnaping, and (2) the trial court erred in not permitting him to lay an evidentiary foundation for the admission of a polygraph test.

Parts I-II

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Part III

The trial court expressly denied appellant the opportunity to present an evidentiary foundation regarding the admissibility and scientific reliability of polygraph testing in preparation for presenting the results of appellant’s polygraph test. He argues the ruling was prejudicial error. (See

Witherspoon

v.

Superior Court

(1982) 133 Cal.App.3d 24 [183 Cal.Rptr. 615];

People

v.

Adams

(1975) 53 Cal.App.3d 109 [125 Cal.Rptr. 518].)

Since the trial of this cause (May 4-5, 1982), the Legislature enacted Evidence Code section 351.1 (Stats. 1983, ch. 202, § 1, p. —). This section expressly prohibits the admission of any evidence regarding polygraph tests absent a stipulation of all parties.

Changes in rules of evidence and procedure are not ex post facto unless they deprive the defendant of some substantial protection or right.

(People

v.

Smith

(1983) 34 Cal.3d 251 [193 Cal.Rptr. 692, 667 P.2d 149];