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PEOPLE v. MIRANDA

No. B224163.

199 Cal.App.4th 1403 (2011)

THE PEOPLE, Plaintiff and Respondent, v. ROBERT FRANK MIRANDA, Defendant and Appellant.

Court of Appeals of California, Second District, Division Five.

October 18, 2011.

Attorney(s) appearing for the Case

Waldemar D. Halka , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Pamela C. Hamanaka , Assistant Attorney General, Susan Sullivan Pithey and Mary Sanchez , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

KRIEGLER, J.—

We hold that substantial evidence supports the jury's findings that the 15-year-old sexual assault victim, who suffered from cerebral palsy resulting in severe communication difficulties combined with physical disabilities, was mentally incapable of consenting to the sexual offenses committed upon her by defendant. Defendant's additional contentions regarding insufficiency of the evidence, prejudicial exclusion of...

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