P. v. Esqueda CA5
Appellant Brian Christopher Esqueda appeals following his convictions on one count each of corporal injury to a spouse (Penal Code, § 273.5, subd. (a) [count 1]), sexual penetration by force (§ 289, subd. (a)(1)(A) [count 2]), making criminal threats (§ 422 [count 3]), dissuading a witness (§ 136.1, subd. (b)(1) [count 4]), and false imprisonment (§ 236 [count 5]). Specifically, appellant contests his conviction on count 2 claiming his due process rights were violated by the trial court’s refusal to instruct the jury on the allegedly lesser included offense of sexual battery. Separately, appellant appeals the terms of his sentence, asserting his due process rights were violated when the trial court failed to stay his sentences in counts 3 and 5 pursuant to section 654. For the reasons set forth below, we affirm.
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