Solis

People v. Solis

Good Law
142 Cal. Rptr. 3d 450·2012 Cal. App. LEXIS 685·206 Cal. App. 4th 1210·2012 WL 2127515
Court of Appeal of CaliforniaJune 13, 2012No. C063851California3,980 words

Opinion

Lead Opinion

Hull, J.

Defendant was convicted by a jury of three counts of forcible rape (Pen. Code, § 261, subd. (a)(2)) and one count of receiving stolen property (id., § 496, subd. (a)) and was sentenced to full consecutive terms on the rape counts. (Further undesignated section references are to the Penal Code.)

He appeals, contending (1) defense counsel’s failure to object to evidence of prior uncharged acts of violence amounted to ineffective assistance; (2) the legal standard for imposing full consecutive sentences under section 667.6, subdivision (d), where multiple sex offenses occur on “separate occasions” is unconstitutionally vague; (3) he was denied the right to a jury trial on whether the three rapes occurred on separate occasions; and (4) there is insufficient evidence of one of the three rapes or, in the alternative, the trial court erred in failing to instruct on the definition of sexual intercourse necessary for rape.

*1213 We requested supplemental briefing on two additional issues: (5) whether the trial court provided an adequate statement of reasons for imposing full consecutive sentences on the three rape offenses and (6) whether there is sufficient evidence to support…

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