People v. Wandrey
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Wandrey was convicted of numerous counts of sex offenses committed against the daughter of his then-girlfriend, and sentenced to consecutive aggravated prison terms totaling 756 years. He had been charged with and prosecuted for numerous separate but undifferentiated offenses after being held to answer on a single count of continuous sexual abuse of a child and a single count of committing a lewd and lascivious act on a child. Wandrey argued that the requirement that witnesses wear masks covering their noses and mouths violated his constitutional right to confrontation, and the court erred in failing to conduct an "in camera" review of subpoenaed documents and in its instructions to the jury.
The court of appeal affirmed the convictions but remanded for resentencing in light of post-sentencing statutory amendments affecting the imposition of upper terms. Wandrey’s rights were not violated by the manner in which he was charged and prosecuted. His convictions were supported by substantial evidence. Wandrey’s confrontation clause rights were not violated by requiring witnesses to wear masks in light of local conditions with respect to the pandemic, the specific layout of the courtroom, and the available means of assessing the reliability of testimony. The court did not err in quashing Wandrey’s subpoena of the victim’s psychotherapy records.
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