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PEOPLE v. BALDWIN

No. C051402.

48 Cal.Rptr.3d 792 (2006)

142 Cal.App.4th 1416

The PEOPLE, Plaintiff and Respondent, v. Gary Don BALDWIN, Defendant and Appellant.

Court of Appeal of California, Third District.

September 15, 2006.

Attorney(s) appearing for the Case

J. Peter Axelrod, San Rafael, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Senior Assistant Attorney General, Janis Shank McLean, Supervising Deputy Attorney General, Peter W. Thompson, Deputy Attorney General, for Plaintiff and Respondent.

ROBIE, J.

In this case we hold the trial court violated defendant's Sixth Amendment right to a public trial when it closed the courtroom to all spectators during the testimony of a 14-year-old molestation victim based only on the prosecutor's assertion the victim would have difficulty testifying. Finding the error structural, we will reverse defendant's convictions and remand the case for a new trial.

FACTUAL AND PROCEDURAL BACKGROUND

The People...

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