P. v. Chick
Defendant Wayne Elwin Chick appeals from his conviction of two counts of forcible lewd acts on a child (Pen. Code[1], 288, subd. (b)(1) counts 1 and 2), one count of child endangerment ( 273a, subd. (a) count 3), and one count of rape of a child under the age of 14 ( 269, subd. (a) count 4). Defendant contends: (1) the admission of his prearrest invocation of his right to remain silent as evidence of guilt violated his Fifth and Fourteenth Amendment rights; (2) the prosecutor improperly suggested that defendants failure to testify in his own defense was an indication of guilt; (3) the trial court erred in admitting evidence of dissimilar conduct under Evidence Code section 1108; (4) the trial court erred in admitting the same propensity evidence from five witnesses under the guise of corroborating the complaining witnesss statement; (5) the evidence of rape was insufficient to establish defendants guilt beyond a reasonable doubt; (6) his convictions of violating section 288, subdivision (b)(1) should be reduced to convictions of violating section 288, subdivision (a) because there was no evidence of the element of force; and (7) the cumulative error doctrine requires reversal. Court Affirm.
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