Townes

INTRODUCTION

Defendant Benny Townes (Defendant) raped and impregnated his biological daughter Jane Doe 1 when she was 16 years old and raped, sodomized, and committed lewd or lascivious acts against his biological daughter Jane Doe 2 when she was 13 and 14 years old. A jury found Defendant guilty as charged of three counts of forcible rape of a minor who is 14 years of age or older (Pen. Code, §§ 261, subd. (a)(2), 264, sub. (c)(2); counts 1, 2, and 7)1; two counts of incest (id., § 285; counts 3 and 8); one count of committing lewd or lascivious act with a minor who is under the age of 14 (id., § 288, subd. (a); count 4); one count of sodomy of minor who is under the age of 14 (id., § 269, subd. (a)(3); count five), and one count of sodomy of minor who 14 years of age or older (id., § 286, subd. (c)(2)(C); count six). Jane Doe 1 was the victim in counts 1–3 and Jane Doe 2 was the victim in counts 4–8. The trial court sentenced Defendant to a term of 150 years to life in prison. Defendant admitted at trial he engaged in sexual intercourse with his daughter Jane Doe 1. He contends, however, substantial evidence does not support a finding that he did so against Jane Doe 1’s will by…