Tuesday, March 22, 2016

People v. Aguilar (Cal. Ct. App. - March 22, 2016)

I'm not going to recite all the facts of this rape conviction, since they're (1) long, and (2) brutal.  Nor will I describe the defendant's purported version of the events.

I'll nonetheless say that if you ever wonder why criminal defense attorneys don't have their clients testify, today's opinion is a good explanation.

Defendant's story was simply not credible.  Full of holes.  Not plausible.  No way a jury was going to believe it.

Plus it let the prosecution get in the defendant's prior gun conviction.

Next time your criminal defense client insists upon testifying, have 'em read this opinion.