California v. Cannata
Annotate this CaseAnthony Wyatt Cannata appeals from the judgment following his conviction on one count of continuous sexual abuse of a child, for which he was sentenced to twelve years. Cannata's first trial ended in a hung jury; his conviction came after a second trial. On appeal, he argued that the trial court erred in the second trial by ruling that if he elected to testify on his own behalf, his statements to a staff member at a psychiatric hospital could be used by the prosecutor for impeachment. According to defendant, this ruling improperly forced him to choose between testifying on his own behalf and maintaining the confidentiality of his privileged psychotherapy communications. Defendant also contends the judgment must be reversed because the trial court instructed the jury with CALCRIM Nos. 1110 and 1120, which, he argues, omit a required element of the charged crimes, i.e., that the lewd or lascivious acts were committed “in a lewd or sexual manner.” After review, the Court of Appeal concluded the asserted psychotherapist privilege did not apply and therefore rejected this contention. With regard to the jury instruction, the Court concluded that the omission, if it was one, was harmless. Therefore Cannata's conviction was affirmed.
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