Espino

Francisco Javier Espino (appellant) timely appeals from his conviction after a jury trial of two counts of infliction of corporal injury on the mother of his children (Pen. Code, § 273.5), and one count of forcible rape of the same victim (§261, subd. (a)(2)). The jury also found true an allegation that appellant used a “deadly weapon” (§ 12022.3), an electrical cord, in the commission of the rape.

Appellant first contends that the trial court committed reversible error by instructing the jury with CALJIC No. 2.90, arguing that this standard “reasonable doubt” instruction, as revised in 1994 and given to the jury in this case, likely caused confusion and permitted a finding of guilt on a lesser showing than is required by the due process clause of the state and federal Constitutions. We reject this argument in the unpublished portion of the opinion. In the published portion we address, and again reject, appellant’s further contention that the trial court erred when it sentenced him to 15 years to life in state prison based on a determination that it had no discretion to strike the mandatory enhancement prescribed by section 667.61. Finally, in the unpublished portion of…