P. v. Foy
A jury convicted defendant Timothy Leon Foy, Jr., of several forcible sex offenses, and found he kidnapped his victim and moved her to substantially increase her risk of harm. (Pen. Code, 288a, subd. (c)(2) [forcible oral copulation, counts 1-3]; 261, subd. (a)(2) [rape, counts 4-6]; 289, subd. (a)(1) [anal penetration, count 7]; 667.61, subds. (d)(2) & (e)(1).) The trial court sentenced defendant to prison, and he timely filed this appeal. On appeal, defendant contends the trial court improperly limited impeachment evidence, only two counts of oral copulation are supported by the evidence, and the trial court violated his Sixth Amendment rights at sentencing. We agree that only two counts of oral copulation are supported by substantial evidence, but disagree with defendants other contentions of error. Court shall modify the judgment and affirm.
Comments on P. v. Foy