People v. Wilson

Opinion

STEPHENS, Acting P. J.

Defendant was convicted of (count I) rape, a violation of Penal Code section 261, subdivision (3); (count II) sodomy, a violation of Penal Code section 286, subdivision (c), and (count III) oral copulation, a violation of Penal Code section 288a, subdivision (c) after trial by jury.

Since the contentions on appeal are:

1. “The trial judge’s refusal to release the defendant on bail and compelling the defendant to appear in prisoner’s garb, after the issuance of the Writ of Habeas Corpus, constituted prejudicial misconduct.”

2. “The Prosecutor’s conduct of giving an Allen charge to the jury in his closing argument prevented the defendant from obtaining a fair trial, and properly formulated verdict.”

[549]

It is unnecessary to set forth a statement of fact. Suffice it to say, there is sufficient evidence to support the verdicts. The defense admitted the acts but claimed they were consented to for the payment of money; that when the acts were finished and no immediate payment was made, the victim made the charges. Defendant’s good character was testified to by witnesses produced by him.

Re Exoneration of Bail and Remand to Custody

On Thursday, September 21, 1978, after most of the People’s case was in, a People’s motion was made and granted exonerating bail and remanding defendant to custody. The next morning before continuation of trial and out of the presence of the jury, defendant objected to the granting of the motion on the previous day. The People argued the applicability of Penal Code section 1129.

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Defendant asked for a continuance to seek appellate relief and a record was made of the fact that defendant was wearing “prison sandals.” Also, a continuation was requested because the defense needed time to contact seven witnesses. The continuance was granted until Monday, September 25th, at 1:30 p.m. on the second ground only. The bailiff at the court’s direction, instructed the counsel for defendant as to the sheriff’s clothing rules.

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