P. v. Mendoza
A jury found defendant Leobardo Mendoza guilty of rape in concert, forcible rape, false imprisonment, and unlawful sexual intercourse with a minor. On appeal, defendant contends: (1) the court erred in admitting needless gang evidence, denying defendant due process and a fair trial; (2) defendant was denied his Sixth Amendment right of confrontation because the presence of a support person during the complaining witness’s testimony lacked any particularized showing of need; (3) the prosecutor committed four instances of misconduct; (4) the court erred in failing to instruct on juror unanimity with respect to the charge of rape in concert; (5) the written pinpoint instruction on gang evidence was overbroad and unfair; (6) the court erred in failing to sua sponte instruct the jury that evidence of an oral admission of a defendant should be viewed with caution; (7) failure to allege or at least secure instructions and jury findings as to the age of the victim under the rape counts violated state law and further denied defendant due process of law and the right to a jury determination on a fact increasing the maximum term; (8) the statutory rape conviction must be reversed because it is based on the same act of intercourse as relates to the rape conviction; and (9) the cumulative effect of these errors deprived defendant of due process and the right to fair trial by an impartial jury. We will affirm the judgment.
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