Keovilayphone
People v. Keovilayphone
Opinion
lead Opinion
Butz, J.
A jury convicted defendant John Keovilayphone of rape in concert (Pen. Code, §§ 264.1, 261, subd. (a)(2) 1 —count I), sexual penetration in concert (§§ 264.1, 289, subd. (a)(1)—count II), simple assault (§ 240— count HI, lesser included offense), and sexual penetration with a foreign object (§ 289, subd. (a)(1)—count VI). With respect to the first two counts, the jury made special findings that defendant kidnapped the victim and that her movement substantially increased the risk of harm. (§ 667.61, subds. (d)(2) & (e)(1).)
Sentenced to state prison for 25 years to life plus 17 years, defendant seeks reversal on four grounds: (1) the trial judge’s failure to provide sufficient guidance in response to a juror inquiry about the definition of rape; (2) error in instructing the jury that rape in concert was a general intent crime; (3) refusal to give a requested jury instruction on the lesser included offense of attempted rape; and (4) refusal to instruct the jury that absence of flight immediately after the crime could be considered evidence of innocence. We find none of these grounds meritorious and shall affirm the judgment.