P. v. Rose
Following a jury trial, defendant Wayne Laverne Rose was convicted of three counts of forcible sexual penetration with a foreign object (Pen. Code, § 289, subd. (a)(1)),[1] two counts of forcible rape (§ 261, subd. (a)(2)), three counts of forcible oral copulation (§ 288a, subd. (c)(2)), two counts of burglary (§ 459), and a single count of attempted rape (§§ 664/261, subd. (a)(2)), along with one-strike enhancements for committing the sex offenses during the commission of a residential burglary (§ 667.61, subd. (d)(4)). He was sentenced to 127 years to life in state prison.
On appeal, defendant contends (1) stationing a support person next to the victim while she testified violated his Sixth Amendment right to confrontation; (2) it was error to instruct the jury with CALCRIM No. 362; (3) CALCRIM No. 1190, given by the court, is unconstitutional; and (4) there is insufficient evidence to support several of the one-strike enhancements and one of his burglary convictions. We shall affirm.
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