California v. Wilson
Annotate this CaseDefendant-appellant Stephen Wilson was convicted by jury of the sexual abuse of a child age 10 or younger. Wilson told his adult son that the victim (C.F.) at age six “was a better kisser than every one of my wives except [one].” During a police interrogation, Wilson admitted that he “kissed [C.F.’s] vagina and her breast area” and “she kissed me in private areas too.” In her testimony, C.F. (now 17 years old) described nine years of sexual abuse. Wilson contended the judgment should be reversed because in closing argument the prosecutor told the jury it could “presume” from this evidence that he “committed the crimes here.” The Court of Appeal determined that in the context in which it was said, the jury could reasonably have understood “presume” only in the colloquial sense, and there was no prosecutorial error. And even if there were, the Court concluded it was not prejudicial.
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