People v. Bickham CA1/2

Filed 8/31/15 P. v. Bickham CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent,

A137657

v. BRIAN BICKHAM et al., (Contra Costa County Super. Ct. No. 121340-4) Defendants and Appellants.

Ten years after sexually assaulting 18-year-old Jane Doe, defendants Brian Bickham and Lorenzo Preston were found guilty of rape of an intoxicated woman (Pen. Code, §261, subd. (a)(3)) and sentenced to six and eight years in state prison, respectively. Defendants appeal, both contending that a near 10-year delay in charging them violated their rights to due process and a speedy trial. Bickham additionally contends that the trial court improperly instructed the jury on the burden of proof applicable to the question of whether Doe…