People v. Fraize

Opinion

VOGEL (C. S.), J.

Introduction

Following a court trial, defendant Larry W. Fraize was convicted of two counts of violating Penal Code section 288a, subdivision (e) which prohibits a jail inmate from engaging in oral copulation, even if consensual. On this appeal, defendant contends the statute does not apply to his actions because the statute only criminalizes oral copulation by a jail inmate and at the time of the events it is undisputed he was a deputy sheriff. We reject this contention, finding defendant’s convictions are proper based upon an aiding and abetting analysis.

[1724]

Factual and Procedural Background

The pertinent facts are uncontested and can be simply stated. On May 4, 1993, defendant, a deputy sheriff, was assigned to work as a bailiff in a courtroom of the Los Angeles Superior Court system. That day, Ashley R. and Christina W. were jail inmates who had been transported to the courthouse. While the two women were in the lockup facility, defendant entered and directed Ashley R. first to orally copulate Christina W. and then to orally copulate him.

Based upon these events, a complaint was filed charging defendant with two counts of Penal Code, section 288a, subdivision (e). The statute provides, in pertinent part: “Any person who participates in an act of oral copulation while confined ... in any local detention facility . . . shall be punished by imprisonment. . . .”

A preliminary hearing was conducted in which Ashley R. and Christina W. testified to the above facts.

1

Because internal affairs had been investigating defendant, the events of May 4, 1993, had been video and audiotaped.

2

The videotape and a transcript of the audiotape were introduced into evidence. The magistrate held defendant to answer on both charges.

The People filed a two-count information. The first count alleged a violation of Penal Code section 288a, subdivision (e) because defendant “willfully and unlawfully [did] aid and abet an act of oral copulation with Ashley R. and Christina W., while they were confined in Los Angeles County Jail . . . .” The second count alleged another violation of that statute because defendant “willfully and unlawfully [did] aid and abet in an act of oral copulation by Ashley R., while Ashley R. was confined in Los Angeles County Jail. . . .”