Matute
People v. Matute
Opinion
Opinion
Vogel, J.
Introduction
Defendant Franklin Matute challenges the judgment of conviction by which he was convicted of 15 counts of forcible rape. He contends that his due process rights were violated because the victim, his 15-year-old daughter, failed to give specific details regarding the time and circumstances of each count for which he was charged, and that the lack of due process was exacerbated by the trial court’s failure to give the jury a unanimity instruction. We find no reversible error and accordingly affirm the judgment of conviction.
Procedural Background
Appellant was charged by information with 15 counts of rape in violation of Penal Code section 261, subdivision (a)(2). It was alleged as to each count that the act of sexual intercourse took place between August 1, 1999 and November 1, 2000, and the victim in each instance was J. M.
Appellant pleaded not guilty to each count.
A jury found appellant guilty of all charges. Appellant was sentenced to a state prison term of 120 years, representing the upper term of imprisonment, to run consecutively, for each of the 15 counts.
This appeal was taken from the judgment of conviction.