Crime in One County Can be Joined with a Crime in Another County – California Penal Code Section 288

The California Courts of Appeal recently held when more than one violation of Penal Code Section 288 occurs in more than one jurisdictional territory and the offenses are properly joinable, the jurisdiction lies in any jurisdiction where at least one of the offenses occurred.

In People v. Delgado (No. G041561), the defendant Phillip Delgado sexually molested the son of his girlfriend over a period of 13 years. This happened in Los Angeles County. Delgado also molested a friend’s son in Riverside County in 2003. Delgado was charged for his offenses in Los Angeles and Riverside. The Los Angeles District Attorney agreed to transfer Delgado’s charges to Riverside County. Delgado was tried in Riverside County for the charges in Los Angeles and Riverside. Delgado was convicted of these charges. On appeal, Delgado argued that the court in Riverside did not have jurisdiction over his charges from Los Angeles. Delgado claimed it was a violation of his vicinage rights. Vicinage refers to the area where the jury is drawn from. Delgado argues that his Los Angeles charges should be tried in Los Angeles, in front of a jury from Los Angeles. The court of appeals did not agree and affirmed the trial court’s decision.

The court reasoned that although the Bill of Rights guarantees the right to trial by a jury of the State and district wherein the crime was committed, the vicinage clause is not applicable in a state criminal trial. Therefore, the court did not err when the Los Angeles charges were joined with the Riverside charges.

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AUTHOR: Stephen Klarich

Stephen Klarich is a partner at Wallin & Klarich and expert in the field of sex crimes. For over thirty years, Stephen Klarich has been handling criminal cases and matters involving sex offenses. With an unparalleled knowledge of sex crimes defense, Stephen Klarich protects his clients’ rights. Stephen Klarich has experienced significant success in obtaining a Certificate of Rehabilitation or Governor’s Pardon for his clients. Thousands of clients have put their trust in Stephen Klarich and the attorneys at Wallin & Klarich in their time of legal need.

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