People v. Morales CA2/5
Opinion
Opinion
INTRODUCTION
A jury convicted defendant and appellant Mario Morales of forcible rape (Pen. Code, § 261, subd. (a)(2)1) and found true the allegations that in the commission of the rape, defendant used a deadly weapon (a knife) (§ 12022.3, subd. (a)); kidnapped the victim and the movement of the victim substantially increased the risk of harm to the victim (§ 667.61, subds. (a) & (d)); and kidnapped the victim, personally used a deadly or dangerous weapon, and tied or bound the victim (§ 667.61, subds. (a) & (c)). Defendant admitted that he suffered a prior conviction under the Three Strikes law (§§ 667, subs. (b)-(i) & 1170.12, subds. (a)-(d)), a prior serious felony conviction (§ 667, subd. (a)(1)), and three prior convictions for which he served a prison term (§ 667.5, subd. (b)). The trial court sentenced defendant to 67 years to life in state prison. On appeal, defendant contends that his rape prosecution was barred by the 10-year statute of limitations in section 801.1, subdivision (b), and the trial court violated his right to due process when it admitted evidence of a prior sexual assault. We affirm.