P. v. Tellez
Appellant Joel Tellez was convicted, following a jury trial, of one count of forcible oral copulation in violation of Penal Code section 288a, subdivision (c)(2) and three counts of misdemeanor battery in violation of section 242. The misdemeanors were lesser included offenses of the charged offenses of sexual penetration by a foreign object in violation of section 289, forcible rape in violation of section 261 and sodomy by use of force in violation of section 286. The jury found not true the allegation that appellant used a knife in the commission of the offenses. The trial court sentenced appellant to a total term of eight years in state prison. Appellant appeals from the judgment of conviction, contending that the trial court erred in excluding evidence of the victim's ex-husband's drug history, including a drug-related conviction, and in admitting portions of a nurse's report on the sexual assault examination of the victim. Court affirm the judgment of conviction.
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