People v. Harris CA2/5

INTRODUCTION

Defendant appeals from his convictions for assault with intent to commit rape during the commission of a burglary, burglary, robbery, assault with a deadly weapon, mayhem, and criminal threats. He argues his trial counsel’s decision to concede his guilt on some of the charges violated his right to counsel because he did not consent to the strategy. He also claims that jury instruction CALCRIM No. 372 on flight/consciousness of guilt was unconstitutional under the circumstances of his case. We affirm.

FACTS AND PROCEDURAL BACKGROUND

1. The Burglary and Assault In February 2018, defendant broke into the victim’s apartment around 3:00 a.m.1 Defendant threatened the victim with a knife from her kitchen. After she gave him the cash she had in a nightstand, defendant held a knife to her neck and sexually assaulted her. He massaged her breast and vagina, asked for a condom, and pressed his erection against her body. The victim believed defendant was about to rape her. When defendant briefly moved the knife away from her neck, the victim fought defendant with her fists and feet (and eventually with objects in her home). Defendant slashed at the victim with the knife,…