People v. Rodriguez CA4/2

INTRODUCTION

Defendant and appellant Raul Alonso Rodriguez appeals from a judgment entered

following jury convictions for engaging in sexual intercourse with a child (Pen. Code,

§ 288.7, subd. (a); count 1) and commission of a forcible lewd act on a child (§ 288,

subd. (b)(1); count 2). The jury further found true the special circumstance allegation on

count 2 that defendant kidnapped the victim and substantially increased the risk of harm

to her over and above the level of risk necessarily inherent in the underlying offense.

(§ 667.61, subd. (d)(2).) The trial court sentenced defendant to life in prison without the

possibility of parole as to count 2 and imposed a concurrent term of 25 years to life as to

count 1.

Defendant contends the trial court erred in failing sua sponte to instruct the jury on

the crime of nonforcible lewd act as a lesser included offense of the count 2 offense of

committing a forcible lewd act. Defendant argues the trial court also erred in failing to

instruct on consent as a defense to the special circumstance kidnapping allegation on

count 2. In addition, defendant asserts the abstract of judgment and sentencing minute

order fail to…