P. v. Ramirez
Arthur Quintero Ramirez entered his neighbors house at about 3:00 oclock in the morning, removed his shirt, got in bed with one of the sleeping occupants, and pressed his body against hers. He was convicted of burglary, assault with intent to commit rape, sexual battery, and resisting arrest. He now argues that there was insufficient evidence of assault with intent to commit rape and burglary; that there is no such offense as assault with intent to commit rape where the rape is of an unconscious or sleeping victim; that the court gave erroneous jury instructions; that there was insufficient evidence of resisting arrest; and that the prosecutor made improper statements in her closing argument. Court reverse the two misdemeanor convictions for resisting arrest because of instructional error. The balance of the judgment is affirmed.
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