People v. Sims

Opinion

HASTINGS, J.

In a jury trial the defendant Eugene Sims was convicted of rape in violation of Penal Code section 261, subdivision 3 and kidnaping in violation of Penal Code section 207. Probation was denied and as to each count defendant was sentenced to the state prison for the term prescribed by law; the sentence as to Count II was stayed pending appeal, said stay to become permanent upon a judgment affirming the conviction. Defendant has appealed from the judgment.

A pretrial hearing was held pursuant to Evidence Code section 402 to determine the admissibility of a voice identification…