(Download) "People v. Schuler" by First Appellate District, Division Two Court of Appeal of California " eBook PDF Kindle ePub Free
eBook details
- Title: People v. Schuler
- Author : First Appellate District, Division Two Court of Appeal of California
- Release Date : January 29, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
A jury having rejected his defense of alibi and his testimony that he did not commit the crimes charged, defendant, Enrique Picharro Gonzalez, was convicted of three counts of lewd and lascivious conduct upon the person of 13-year-old Renee S. and one count of violation of Penal Code section 286, subdivision (c), sodomy committed upon the same victim, a person under the age of 14 by one who is more than 10 years older than the victim. The crimes were committed prior to July 1, 1977, the effective date of the determinate sentence act. In this appeal, Gonzalez contends: (1) subdivision (c) of Penal Code section 286 violates his constitutional guarantee of equal protection because the age classifications neither serve a compelling state interest nor are supported by a rational basis; and (2) the trial court prejudicially erred in failing to instruct on the necessity of a union of general intent and act in relation to the charge of sodomy.