P. v. Burgess
A jury convicted defendant Bruce Burgess of forcible rape ( 261, subd. (a)(2)),[1] kidnapping ( 207, subd. (a)), and inflicting corporal injury on a former spouse ( 273.5, subd. (a)). The victim of the three offenses was defendants former wife, Marion B. The trial court imposed an aggregate sentence of six-years. In this appeal, defendant contends that the trial court abused its discretion in permitting the prosecution to introduce evidence of three uncharged offenses he committed against Marion B.: two separate acts of rape and one act of domestic violence. Court find no abuse of discretion. Defendant next contends that the pattern instructions explaining how the jury can use evidence of uncharged offenses are inaccurate as a matter of law because the instructions require that the uncharged offenses be proven by a preponderance of the evidence instead of beyond a reasonable doubt. Precedent compels rejection of that contention. Lastly, defendant contends prejudicial error occurred because the trial court did not instruct about the lesser included offenses of attempted kidnapping and false imprisonment. Court find that the doctrine of invited error precludes consideration of the claim and, in any event, any error which may have occurred was not prejudicial. Court therefore affirm the judgment.
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