P. v. Duran
Tomas Herrera Duran appeals from the judgment entered upon his convictions by jury of three counts of kidnapping to commit another crime (rape) (Pen. Code, § 209, subd. (b)(1), counts 1, 3 & 5),[1] one count of sexual assault with intent to commit a felony (§ 220, subd. (a), count 2), two counts of forcible rape (§ 261, subd. (a)(2), counts 4 & 6), and three counts of aggravated sexual assault of a child (§ 269, subd. (a)(5), counts 7 & 8), § 269, subd. (a)(4), count 9), counts 7 and 8 based on sexual penetration (§289, subd. (a)) and count 9 based on oral copulation (§ 288a, subd. (c)(2)).[2] The jury found to be true the allegations, in connection with counts 4, 6 and 7 through 9, that the sex offenses were committed against more than one victim (§ 667.61, subds. (a), (b), & (e)(5)), and, in connection with counts 4 and 5, that appellant kidnapped the victim (§ 667.61, subds. (a), (b) & (e)(1)). The trial court sentenced appellant to an aggregate state prison term of 169 years to life. Appellant contends that (1) the aggravated assault convictions in counts 7 and 8 are barred by the statute of limitations, (2) the trial court abused its discretion by denying his motion to sever, thereby violating his due process rights (3) prosecutorial misconduct mandates reversal of the convictions, (4) the cumulative effect of the errors violated appellant's due process rights and mandate reversal, and (5) denial of appellant's motion for mistrial was an abuse of discretion.
Court modify, reverse in part, and affirm in part.
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