P. v. Lopez
Juan Fernando Lopez appealed from the judgment entered following a jury trial in which he was convicted of forcible rape, count 1 (Pen. Code, 261, subd. (a)(2)); forcible oral copulation, count 2 (Pen. Code, 288a, subd. (c)(2)); three counts of corporal injury to a cohabitant/childs parent, counts 3, 6, 7 (Pen. Code, 273.5, subd. (a)); assault by means likely to produce great bodily injury, count 5 (Pen. Code, 245, subd. (a)(1)); assault by means likely to produce great bodily injury and with a deadly weapon, count 8 (Pen. Code, 245, subd (a)(1)); and false imprisonment by violence, count 9 (Pen. Code, 236) with the further finding that in the commission and attempted commission of the forcible rape and forcible oral copulation, appellant personally used a firearm, to wit, a handgun within the meaning of Penal Code section 12022.53, subdivision (b); and that in the commission of one count of corporal injury, appellant personally inflicted great bodily injury within the meaning of Penal Code section 12022.7, subdivision (a). In a bifurcated proceeding, the court found that appellant had served a prior prison term within the meaning of Penal Code section 667.5, subdivision (b). Appellant was sentenced to prison for a total of 46 years and contended the forcible rape conviction must be reversed because the trial court failed to sua sponte instruct on the necessarily included offenses of assault and battery and that the court committed sentencing error. Court issued an opinion on March 30, 2006, affirming the judgment.
Comments on P. v. Lopez