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PEOPLE v. TOBIAS

No. S085471.

106 Cal.Rptr.2d 80 (2001)

25 Cal.4th 327

21 P.3d 758

The PEOPLE, Plaintiff and Respondent, v. Joel Robert TOBIAS, Defendant and Appellant.

Supreme Court of California.

Rehearing Denied June 13, 2001.

Attorney(s) appearing for the Case

Dallas Sacher, Santa Clara, under appointment by the Supreme Court; and Chris R. Redburn, San Francisco, under appointment by the Court of Appeal, for Defendant and Appellant.

Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Rene A. Chacon and Jeremy Friedlander, Deputy Attorneys General, for Plaintiff and Respondent.

BROWN, J.

In this case, we decide whether a child under 18 who has a consensual sexual relationship with a parent is, like the parent, guilty of incest (Pen.Code, § 285)1 and therefore an accomplice to the parent's crime, whose testimony against the parent is subject to the cautionary rules governing accomplice testimony. The Court of Appeal held that such a child is an accomplice and therefore the trial court should have given accomplice...

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