P. v. Soto
A jury found defendant and appellant Frank Soto guilty of (1) attempted forcible rape (Pen. Code, §§ 664, 261, subd. (a)(2));[1] (2) misdemeanor battery (§ 242); and (3) kidnapping (§ 207). The trial court sentenced defendant to prison for a term of eight years. Defendant raises three issues on appeal: (1) his trial counsel was ineffective for failing to request the jury be instructed on the law of voluntary intoxication as it relates to attempted rape; (2) his trial counsel was ineffective for not objecting to the instruction that battery is a lesser included offense of attempted rape; and (3) the trial court abused its discretion by imposing the upper prison term for the kidnapping conviction. We affirm the judgment.
Comments on P. v. Soto