PEOPLE v. SMITH

No. C061805.

189 Cal.App.4th 1263 (2010)

117 Cal. Rptr. 3d 535

THE PEOPLE, Plaintiff and Respondent, v. LARRY STEVEN SMITH, Defendant and Appellant.

Court of Appeals of California, Third District.

November 8, 2010.


Attorney(s) appearing for the Case

Mark D. Greenberg , under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr. , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Michael P. Farrell , Assistant Attorney General, Catherine Chatman and Jesse Witt , Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

ROBIE, J.

A jury found defendant Larry Steven Smith guilty of rape of an intoxicated woman (count I), rape of an unconscious woman (count II), and misdemeanor sexual battery. The trial court sentenced defendant to prison for eight years.

On appeal, defendant contends (1) the trial court gave misleading and incomplete instructions on rape of an intoxicated woman that require reversal of both rape convictions...

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