Cabrera

The appellant in this case was convicted of a number of crimes, including forcible rape, kidnapping, carjacking and infliction of corporal punishment His convictions arose out of two separate and violent assaults he committed against his former girlfriend after she broke off their relationship.

Because there is sufficient evidence in the record to support the rape conviction, we reject appellant’s contention the trial court erred in denying his pretrial motion to dismiss the rape allegation. We also reject his contention the trial court erred in preventing him from offering a “claim-of-right” defense to the carjacking allegation. Carjacking, as defined by the Legislature, is a crime against possession, not ownership. Finally, we reject appellant’s contention that in allowing the admission of evidence of prior acts of domestic violence, the trial court infringed on his right to due process or otherwise abused its discretion.

The People concede the trial court did err in sentencing appellant on the corporal punishment charge; accordingly, we order the abstract of judgment be corrected and in all other respects affirm the judgment.

FACTUAL AND PROCEDURAL…