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PEOPLE v. SOJKA

No. A127831.

196 Cal.App.4th 733 (2011)

THE PEOPLE, Plaintiff and Respondent, v. JOHN F. SOJKA, Defendant and Appellant.

Court of Appeals of California, First District, Division Three.

June 14, 2011.

Attorney(s) appearing for the Case

Janet J. Gray for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Gerald A. Engler , Assistant Attorney General, Eric D. Share and Christopher W. Grove , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

SIGGINS, J.—

Appellant John F. Sojka was convicted by a jury of one count of attempted rape by force. He argues that the trial court failed to instruct the jury that he could not be guilty of attempted rape if he reasonably but mistakenly believed the victim consented to intercourse. We agree that the trial court should have instructed on Sojka's mistaken belief in the victim's consent, and that its failure to do so was prejudicial...

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