PEOPLE v. RODRIGUEZ

No. S098821.

122 Cal.Rptr.2d 348 (2002)

28 Cal.4th 543

49 P.3d 1085

The PEOPLE, Plaintiff and Respondent, v. Jose Luis RODRIGUEZ, Defendant and Appellant.

Supreme Court of California.

July 22, 2002.


Attorney(s) appearing for the Case

Athena Shudde, under appointment by the Supreme Court, San Diego, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner and Robert R. Anderson, Chief Assistant Attorneys General, Carol Wendelin Pollack and Pamela C. Hamanaka, Assistant Attorneys General, Chung Mar, John R. Gorey and Sharlene A. Honnaka, Deputy Attorneys General, for Plaintiff and Respondent.


CHIN, J.

Penal Code section 288.51 punishes the continuous sexual abuse of a child under 14 by any person residing with, or having "recurring access" to, the child. In this case, we must decide whether the quoted phrase has a technical meaning requiring sua sponte jury instructions, or whether the term is so commonly understood that no special instructions are required. We conclude that the trial court in the present case did not err in...

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