People v. Sta Ana

Filed 12/21/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H046864

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1761829)

v.

MARK JAYSON STA ANA,

Defendant and Appellant.

Defendant Mark Jayson Sta Ana had sex with a woman while she was intoxicated and unconscious. A jury convicted him of rape of an intoxicated person and rape of an unconscious person. On appeal from the judgment sentencing him to three years in prison, defendant argues the interrogating officers violated his rights under Miranda v. Arizona (1966) 384 U.S. 436 (Miranda); the trial court made improper comments when questioning an expert witness; defense counsel provided ineffective assistance by not objecting to a nurse’s qualifications to testify as an expert; the jury instructions did not correctly define consent; the trial court erred in resolving a jury deadlock; punishment for rape of an unconscious person should have been stayed; and that the various errors were cumulatively prejudicial. We agree that punishment for rape of an unconscious person must be stayed…