P. v. Balinton
In August 2009, the San Francisco District Attorney charged appellant Delphino Balinton with five sex crimes: (1) kidnapping to commit rape, sodomy, and oral copulation; (2) forcible rape; (3) forcible oral copulation; (4) forcible oral copulation of a minor; and (5) assault with intent to commit sodomy. In connection with counts two and three, the information further alleged that appellant kidnapped the victim. As well, the information alleged that appellant suffered two serious felony strike convictions.
A jury convicted appellant of forcible rape, forcible oral copulation, and forcible oral copulation of a minor, and found the kidnapping enhancements true as to counts two and three. Additionally, the jury convicted appellant of simple assault, a lesser included offense to count five. The jury was unable to reach a verdict on count one and hence the court declared a mistrial on that count. Finally, the court found true the allegation that appellant suffered a prior robbery conviction in 1985.
The court sentenced appellant to an aggregate term of 55 years to life. Appellant challenges the jury instructions on the kidnapping enhancements. We affirm the judgment.
Comments on P. v. Balinton