People v. Hill

FOURT, J.

This is an appeal from a judgment of conviction of rape.

In an information filed in Los Angeles County on February 18, 1966, defendant was charged with raping Odessa M. Nelson (a person of the age of 16 years), on or about September 25, 1965. Defendant pleaded not guilty and in a jury trial held on April 20, 1966, was found guilty as charged. Probation was denied and defendant was sentenced on May 13, 1966, to one year in the county jail, with good time allowed if earned. A timely notice of appeal was filed.

A résumé of some of the facts is as follows: Defendant, who knew that Odessa Nelson was only 15 years of age when he met her in November 1964, engaged in many acts of sexual intercourse with her from the date of meeting her to about September 1965. Odessa became pregnant as a result of the activities with defendant and gave birth to a child on January 12, 1966. Sergeant Gardner, attached to the Watts juvenile division, and Sergeant Oliver talked with defendant after advising him of his rights to remain silent, to the services of an attorney and that anything he said could be used against him. Defendant stated that he was the father of Odessa’s child and that he had had frequent acts of sexual intercourse with her.

Defendant now contends that he was denied his right to a speedy trial, that he was not informed of the nature of the accusation against him and that the jury -was improperly instructed.

The information was filed on Friday, February 18, 1966, and the trial was had on Wednesday, April 20, 1966, 61 days later.

On February 25, 1966, the date appellant pleaded not guilty, the trial was set for April 18, 1966. On Monday, April 18, 1966, the cause was called for trial and due to a congested calendar trailed to April 19, 1966. On April 19, 1966, due to a congested calendar the matter trailed to April 20, 1966. No

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motion was made by defendant, nor did he advise the court that he refused to abide by the continuance or that he would insist upon going to trial on April 19. The minutes recite that on April 20, 1966, a jury was sworn, the “ [r] eading of the information” was waived, testimony was taken and the matter submitted to the jury at 11:40 a.m. At 1:45 p.m. the jury returned with a verdict of guilty as charged.