People v. Rios CA6

Filed 2/27/15 P. v. Rios CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H039311

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. CC810614)

v.

ROBERT DANIEL RIOS,

Defendant and Appellant.

Defendant Robert Daniel Rios was convicted by a jury of multiple counts of rape and oral copulation involving two women. He contends that the trial court erred by failing to excuse a juror for cause and by denying his motion for a mistrial. Finding no error, we will affirm the judgment.

I. TRIAL COURT PROCEEDINGS

Defendant was charged by information with five counts of oral copulation by force (Pen. Code, § 288a, subd. (c)(2); counts 1, 2, 4, 6, and 8) and three counts of rape (§ 261, subd. (a)(2); counts 3,…