PEOPLE v. DIAZ

No. C025890.

98 Cal.Rptr.2d 366 (2000)

82 Cal.App.4th 503

The PEOPLE, Plaintiff and Respondent, v. Steven Robert DIAZ, Defendant and Appellant.

Court of Appeals of California, Third District.

Review Granted November 1, 2000.


Attorney(s) appearing for the Case

Joseph C. Shipp, Sebastapol, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Senior Assistant Attorney General, W. Scott Thorpe, Supervising Deputy Attorney General, Clayton S. Tanaka, Deputy Attorney General, for Plaintiff and Respondent.


Certified for Partial Publication.*

RAYE, J.

During the jury trial of Steven Robert Diaz, who is mentally retarded, the trial court admitted evidence that he sexually assaulted a young woman 12 years earlier. That same year he had been adjudged incompetent to stand trial and was committed to a state mental hospital. Defendant raises the now familiar litany of constitutional challenges to the admissibility of uncharged prior sexual...

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