P. v. Marquez
A jury convicted defendant Salvador Rivera Marquez of forcible rape, two counts of inflicting corporal injury on a cohabitant, false imprisonment by violence, aggravated assault, and misdemeanor battery on a cohabitant. (Pen. Code, 261, subd. (a)(2), 273.5, subd. (a), 236, 245, subd. (a)(1), & 243, subd. (e)(1).)[1] The court imposed an aggregate sentence of four years in prison. On appeal from the judgment, defendant claims there was insufficient evidence to support his convictions for inflicting corporal injury. He claims the court erred in (1) modifying CALJIC No. 10.61.1, (2) failing to instruct on lesser included offenses, (3) excluding evidence about the victims reputation for honesty and her former boyfriends propensity for violence, (4) denying a mid-trial continuance, and (5) failing to stay execution of sentence on four of the convictions. Defendant claims that defense counsel rendered ineffective assistance in failing to introduce evidence about the former boyfriend and object to prosecutorial misconduct. He claims that he was improperly convicted of both inflicting corporal injury and the lesser included offense of misdemeanor battery. And last, defendant asks this court to review the victims medical records to determine whether the trial court erred in withholding them from the defense. Court conclude that the court should have stayed execution of sentence on four of the convictions. Accordingly, Court modify the judgment to reflect such stays and affirm the judgment as modified.
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