P. v. Walker
This is an appeal from judgment after a jury convicted appellant Thelmeas Walker, Jr. of forcible rape during a residential burglary, which crime he accomplished by personal use of a firearm. Appellant challenges the judgment on grounds that include violation of his constitutional right to avoid cruel and unusual punishment, erroneous admission of evidence and instruction to the jury, and failure to strike or vacate the finding on a lesser-included offense. We remand this matter to the trial court to correct a minor sentencing error, and in all other regards affirm the judgment.
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