Does a prosecutor have authority to exclude evidence that a victim was on probation for prostitution?

Moreover, the instant action is distinguishable from defendant's authority. In People v. Varona (1983) 143 Cal.App.3d 566, 568-569, the prosecutor successfully moved to exclude evidence a rape victim was on probation for prostitution, and then argued to the jury there was no proof the victim was a prostitute. The court held the prosecutor's argument "went beyond the bounds of any acceptable conduct," and reversed. (Id. at p. 570.) In the case at the bar, the prosecutor did not prevent defendant from introducing evidence concerning pretrial discussions, he merely argued defense counsel's statements were not evidence. More importantly, the prosecutor did not assert defendant declined to disclose his defense to the prosecutor's office.

The judgment is affirmed.

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/s/_________
Margulies, Acting P. J.

We concur:

/s/_________
Dondero, J.

/s/_________
Banke, J.

Footnotes: