Robinson

I. Introduction

Defendant Corey Robinson appeals from a judgment of conviction following a jury trial. The jury found him guilty of first degree murder (Pen. Code, § 187, subd. (a); count 1), found true a special circumstance allegation that the murder was committed while defendant was engaged in the commission of rape (Pen. Code, § 190.2, subd. (a)(17)), and also found him guilty of forcible rape (Pen. Code, § 261, subd. (a)(2); count 2). Defendant was sentenced on count 1 to state prison for life without the possibility of parole, and was sentenced on count 2 to a determinate term of eight years in prison, which was to be served before the indeterminate life term in count 1.

Defendant contends on appeal that: (1) his convictions for murder and rape, and the special circumstance of murder during a rape, must be reversed because the evidence was insufficient to show that a rape was committed and that defendant committed the murder; (2) the trial court erred when it instructed the jury in the language of CALJIC Nos. 2.50.01 and 2.50.1 because the instructions allowed the jurors to convict defendant without finding him guilty beyond a reasonable doubt, and because the…