P. v. Mosely
A jury convicted defendant Thethesius Mosley of assault to commit a felony during the commission of a burglary (Pen. Code, § 220, subd. (b))[1] (count 1); three counts of forcible rape (§ 261, subd. (a)(2)) (counts 2, 3 & 4); forcible oral copulation (§ 288a, subd. (c)(2)) (count 6); sexual penetration by a foreign object (§ 289, subd. (a)(1)) (count 7); and first degree burglary (§ 459) (count 9). The jury found true the allegations that in the commission of counts 2, 3, 4, 6, and 7, defendant personally used a deadly weapon. (§ 12022, subd. (b)(1).) The jury also found defendant committed counts 2, 3, 4, 6, and 7 during the commission of a burglary with the intent to commit forcible rape. Defendant admitted having suffered a prior prison term under section 667.5.
The trial court sentenced defendant to state prison for 53 years to life. The sentence consisted of the following: concurrent terms of 25 years to life in counts 2, 3, and 4, plus one year for the weapon enhancements in these counts; concurrent terms of 25 years to life in counts 6 and 7, plus one year for the weapon enhancements in these counts to be served consecutively to the sentences in counts 2, 3, and 4. The trial court imposed one additional year for defendant’s prior prison term enhancement. In count 1, the trial court imposed life with the possibility of parole and stayed the sentence pursuant to section 654. In count 9, the trial court imposed the high term of six years, which was stayed pursuant to section 654.
Defendant appeals on the grounds that: (1) the denial of his posttrial Faretta[2] motion violated his federal constitutional right to self-representation and is reversible per se; (2) the trial court erroneously denied his mistrial motion following the prosecutor’s improper question to the DNA expert; and (3) the trial court abused its discretion in failing to remove a sleeping juror.
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