P.

Filed 4/10/13 P. v. White CA4/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D060969

Plaintiff and Respondent,

v. (Super. Ct. No. SCD228290)

BILLY CHARLES WHITE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Frank A.

Brown, Judge. Affirmed as modified.

A jury found Billy Charles White guilty of rape of an intoxicated person (Pen.

Code,1 § 261, subd. (a)(3); count 1) and of rape of an unconscious person (id., subd.

(a)(4)(A); count 2). The trial court sentenced White to three years in state prison and

ordered him to register as a sex offender.

All statutory references are to the Penal Code. White contends the evidence is…