People v. Burns CA4/3

INTRODUCTION

Defendant Alton Semaj Bums appeals from the judgment of conviction entered after he was found guilty in his first jury trial of domestic battery with injury and pimping, and then found guilty in his second jury trial of forcible rape, assault with force likely to produce great bodily injury, and kidnapping to commit a sex offense. We affirm. We review and reject each of defendant's contentions of error as follows: 1. As to defendant's challenges to his conviction for kidnapping to commit a sex offense, substantial evidence supports the asportation element of that offense. The evidence showed movement and increased danger to the victim that were not incidental to the commission of the rape offense. We reject defendant's argument that the asportation element of that offense is unconstitutionally vague on its face or as applied. 2. The trial court did not err by instructing the jury with a modified instruction on unanimity at the second trial. 3. The trial court did not abuse its discretion by admitting evidence of defendant's prior conviction for a sex offense under Evidence Code section 1108 at the second trial. 4. The trial court did not err by…