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People v. Alves2/26/2003
ecord shows that the court apparently misunderstood section 351.1 to allow the admission of the foster father's testimony that he had taken a polygraph examination, a request for an admonition would have been futile. "The law neither does nor requires idle acts." (Civ. Code, ยง 3532.) A futile request for an admonition is not a requirement for appellate review. (See People v. Hill (1998) 17 Cal.4th 800, 820.) The absence of an admonition is not a bar to reversal where inadmissible polygraph evidence prejudiced the accused. (See People v. Basuta, supra, 94 Cal.App.4th at pp. 388-391.) Appellate review likewise is available if an admonition could not have cured the prejudice. (See People v. Price (1991) 1 Cal.4th 324, 447.)
On the record, we hold that even in the absence of a request for an admonition, Alves has a right to appellate review. On the merits of the issue he argues, we hold that a result more favorable to Alves-the only other "Joseph" who had access to the twins-was reasonably probable in the absence of the foster father's inadmissible polygraph testimony. (See People v. Watson (1956) 46 Cal.2d 818, 836.)
DISPOSITION
The judgment is reversed.
WE CONCUR:
HARRIS, Acting P.J.
WISEMAN, J.
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