P. v. Thomas
Defendant was found guilty by jury trial of one count of forcible rape, one count of forcible oral copulation, two counts of attempted forcible rape, and one count of second degree robbery in connection with an early-morning attack on a woman as she walked to catch a bus to work. Jurors also found true an allegation that defendant was armed with a deadly weapon when committing the sex offenses. Defendant was sentenced to 124 years to life. On appeal, he argues that (1) the trial court erred in admitting evidence of a conviction for a prior sex offense, (2) the admission of the evidence violated his due process rights, (3) the trial courts jury instruction on sex crimes propensity evidence impermissibly diluted the prosecutions burden of proof, (4) his trial counsel was ineffective for failing to request a pinpoint instruction on after-acquired intent in connection with the robbery charge, (5) there is insufficient evidence to support the weapon enhancement allegation, (6) the trial court inadequately responded to the jurys questions about the weapon enhancement allegation, and (7) his trial counsel was ineffective for failing to object to the imposition of consecutive sentences. Court disagree and affirm.
Comments on P. v. Thomas