White
People v. White
Opinion
Opinion
Filed 6/18/
CERTIFIED FOR PUBLICATION
OPINION ON REMAND
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D060969
Plaintiff and Respondent,
v. (Super. Ct. No. SCD228290)
BILLY CHARLES WHITE,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Frank A.
Brown, Judge. Affirmed as modified.
Theresa Osterman Stevenson, under appointment by the Court of Appeal, for
Defendant and Appellant.
Kamala D. Harris, Attorney General, and A. Natasha Cortina, Deputy Attorney
General, for Plaintiff and Respondent. A jury found Billy Charles White guilty of rape of an intoxicated person (Pen.
Code,1 § 261, subd. (a)(3); count 1) and of rape of an unconscious person (§ 261,
subd. (a)(4)(A); count 2). The trial court sentenced White to three years in state prison
and ordered him to register as a sex offender.
White contends the evidence is insufficient to prove under section 261 that when
he engaged in sexual intercourse with the victim, he knew the victim was unable to resist
because of intoxication (count 1) or because the…