People v. Daniels CA3
Opinion
Opinion
Filed 5/13/24 P. v. Daniels CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento) ----
THE PEOPLE, C098356
Plaintiff and Respondent, (Super. Ct. No. 22FE005847)
v.
STEVE WAYNE DANIELS,
Defendant and Appellant.
A jury found defendant Steve Wayne Daniels guilty of three counts of rape by force or fear along with other crimes. On appeal, defendant contends the trial court erred by failing to instruct the jury on the lesser included offense of assault with the intent to commit rape as to the second of the three rape counts (count three). We disagree and affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Given that defendant is seeking reversal of only count three, we focus on the facts relating to that offense.…