P. v. Smith CA4/1
A jury convicted Alexander Markham Smith of one count each of rape of an intoxicated person and rape of an unconscious person. (Pen. Code, § 261, subd. (a)(3) & (4).) On appeal, Smith challenges the admissibility of website content that described his activities on the night of the alleged offenses as well as his strategies for seducing women, on the grounds that the evidence was unauthenticated, irrelevant, and unduly prejudicial. Smith also contends the trial court erred in failing to instruct the jury on battery as a lesser included offense of the charged offenses.
We conclude the trial court did not err in admitting the challenged evidence or in failing to instruct the jury on battery as a lesser included offense. Accordingly, we affirm the judgment.
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