People v. Pham, No. G040848

Conviction of defendant-chiropractor of sexual battery by fraud for touching the intimate body parts of his patients while purporting to examine them is affirmed as there is substantial evidence to support the jury's finding that defendant committed sexual battery by fraud because there is sufficient evidence from which the jury could find that the patients were unconscious of defendant's sexual intentions at the time of their treatment, and because the evidence also shows the victims' unconsciousness was attributable to defendant's fraudulent representations - both implied and actual.     

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Appellate Information

Filed December 28, 2009

Judges

Opinion by Judge Bedsworth

Counsel
For Appellant:   Phillip I. Bronson

For Appellee:   Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Kristen Kinnaird Chenelia and Christine Levingston Bergman, Deputy Attorneys General