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PEOPLE v. AUSTIN

No. B238535.

219 Cal.App.4th 731 (2013)

161 Cal. Rptr. 3d 883

THE PEOPLE, Plaintiff and Respondent, v. JAMES AUSTIN, Defendant and Appellant.

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

September 12, 2013.

Attorney(s) appearing for the Case

Edward J. Haggerty , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Lance E. Winters , Assistant Attorney General, Colleen M. Tiedemann and Robert C. Schneider , Deputy Attorneys General, for Plaintiff and Respondent.

[CERTIFIED FOR PARTIAL PUBLICATION*]

OPINION

KLEIN, P. J. —

In this case of first impression in California, we hold the trial court did not err by ruling a prosecution expert was qualified to testify a sexual assault victim could have experienced an orgasm during nonconsensual oral copulation.

C.L., the 14-year-old victim in this...

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