P. v. De La Cruz
Defendant Oscar Ramero De La Cruz appeals from a judgment of conviction entered after a jury trial. Defendant was charged in a single count with forcible rape (Pen. Code, 261, subd. (a)(2))[1], and it was further alleged that he kidnapped the victim within the meaning of section 667.61, subdivisions (a) and (d). Defendant was found guilty and the kidnapping allegation was found true. Defendant filed a motion for a new trial, which was heard and denied. The trial court also denied defendants motion to reconsider and sentenced him to state prison for 25 years to life.
On appeal, defendant contends the trial court erred in not granting his motion for new trial based upon ineffective assistance of counsel, his constitutional rights were violated by not appointing an interpreter, there was insufficient evidence to prove the kidnapping allegation, the trial court should have instructed the jury with CALJIC No. 10.65 concerning honest and reasonable belief that there was consent, trial counsel provided ineffective assistance, and cumulative error warrants reversal. Court affirm the judgment.
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