P. v. Smith
Defendant Gregory Smith appeals a judgment entered upon a jury verdict finding him guilty of sexual penetration with a foreign object (Pen. Code,[1] 289, subd. (a)(1)) (count one), forcible rape ( 261, subd. (a)(2)) (count two), and receiving stolen property ( 496, subd. (a)) (count three). He contends on appeal that the prosecutor made improper arguments to the jury, that he received ineffective assistance of counsel, and that the trial court committed instructional and sentencing error. Court order the sentence modified to strike one 5-year enhancement, and affirm in all other respects.
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