P.

P. v. Frazier CA5

Good Law
Court of Appeal of CaliforniaMay 21, 2013F063437California6,695 words

Opinion

Opinion

Levy, J.

INTRODUCTION

On February 24, 2011, appellant Semaj Leon Frazier sexually assaulted L.Y.S. (the victim). He was convicted after jury trial of rape (count 1), assault with intent to commit rape (count 5) and misdemeanor assault (lesser included offense to count 6). (Pen. Code, §§ 261, subd. (a)(2), 220, subd. (a), 240.)1 The court found true special allegations that appellant suffered two prior strike convictions (§§ 667, subds. (c)-(j), 1170.12, subds. (a)-(e).)2 The jury found appellant not guilty of attempted forcible oral copulation, forcible oral copulation, forcible sexual penetration and making a criminal threat (counts 2, 3, 4, and 7); it found various firearm use allegations not true. Appellant was sentenced to two consecutive terms of 25 years to life imprisonment. In this opinion we reject appellant‟s challenges to the sufficiency of the evidence supporting the guilty verdicts on the substantive offenses and the true findings on the prior strike allegations. We also reject his objections to CALCRIM No. 362. Finally, we uphold the imposition of consecutive sentences on counts 1 and 5. The judgment will be affirmed.

FACTS

On the evening of February 23, 2011, the victim…

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