P. v. Thoma 4/19/05 CA2/6

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B170355A

Case Date: 07/27/2005

Preview:Filed 4/19/05

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX

THE PEOPLE, Plaintiff and Respondent, v. WILLIAM LOUIS THOMA, Defendant and Appellant.

2d Crim. No. B170355 (Super. Ct. No. 2003008254) (Ventura County) OPINION ON REHEARING

Silence is not always golden. When a superior court judge accuses a defendant of breaking just about every bone in a victim's body, one would expect some denial or minimization if the accusation were untrue. As we shall explain, statutory and decisional law are consistent with the meaning of what is left unsaid in a conversation: Silence in the face of an accusation is a tacit admission of the truth thereof. William Louis Thoma appeals from the judgment entered following his guilty plea to possession of methamphetamine. (Health & Saf. Code,

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