Gallardo

Filed 11/26/

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D084845

Plaintiff and Respondent,

v. (Super. Ct. No. SCD297077)

RUBEN PARAMO GALLARDO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Laura H. Parsky, Judge. Affirmed. Rex Adam Williams, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters and Charles C. Ragland, Chief Assistant Attorneys General, Robin Urbanski and Anastasia Sagorsky, Deputy Attorneys General, for Plaintiff and Respondent.

A jury found Ruben Paramo Gallardo guilty of rape of an unconscious

person (Pen. Code, § 261, subd. (a)(4); count 1),1 and assault with intent to commit rape (§ 220, subd. (a)(1); count 2). The trial court sentenced Gallardo

All further statutory references are to the Penal Code. to the middle term of four years for count 2 and stayed a concurrent low term of three years for count 1 in accordance with section 654. On appeal from the judgment of conviction, Gallardo argues…