P. v. Montiel
A jury convicted defendant Jose Montiel of forcible rape, a violation of Penal Code section 261, subdivision (a)(2), and assault by means of force likely to produce great bodily injury, a violation of section 245, subdivision (a)(1). The jury also found that defendant personally inflicted great bodily injury on the victim.
Defendant appeals, contending that his rape conviction must be reversed because there was insufficient evidence of penetration. He also asks that the abstract of judgment be corrected.
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