P. v. Olson
A jury found defendant, Charles Richard Olson, guilty as charged of the rape of an unconscious person, Jane Doe, in count 1. (Pen. Code, 261, subd. (a)(4).) In count 2, defendant was found guilty of assault (Pen. Code, 240), as a lesser included offense to assault with a deadly weapon, an automobile. In count 3, defendant was found guilty as charged of battery inflicting serious bodily injury. (Pen Code, 243, subd. (d).) Defendant was sentenced to six years in prison, and appeals. Defendant claims the trial court erred in (1) refusing to admit evidence that Doe told one of defendants friends she had been gang raped, for purposes of impeaching Does trial testimony; (2) in failing to instruct the jury, sua sponte, on the effect of third party attempts to suppress evidence against defendant with Judicial Council of California Criminal Jury Instructions (2006-2007), CALCRIM No. 371, Alternative C, or a similar instruction; and (3) in failing to continue the trial, sua sponte, in order to allow defense counsel time to consult with a toxicology expert. Lastly, defendant claims that the cumulative effect of the trial courts errors requires reversal. Court find no individual or cumulative error, and affirm the judgment.
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