People v. Herring

Opinion

STONE (S. J.), P. J.

James William Herring appeals from a judgment following conviction by jury that he committed assault with intent to commit rape (Pen. Code, 1 § 220), attempted rape (§§ 664/261, subd. (a)(2)), and sexual battery (§ 243.4), and the trial court’s finding that he had suffered a prior conviction for first degree burglary, a serious felony within the meaning of section 667, subdivision (a). The trial court sentenced him to prison for seven years.

He contends, among other matters, that the trial court committed reversible error in allowing the testimony of a psychologist…