P. v. Ryan CA4/3
Kyle Patrick Ryan appeals from the trial court’s entry of judgment after a jury verdict finding him guilty of the forcible rape (Pen. Code, § 261, subd. (a)(2); count 2) of Kendra C. in 2018. The evidence showed Ryan drove past Kendra following Cinco de Mayo festivities in Huntington Beach, saw that she was intoxicated, circled back, and guided her into his vehicle according to video surveillance footage. The jury also convicted Ryan of forcible oral copulation (§ 288a, subd. (c)(2)(A); count 4), false imprisonment by menace, violence, fraud or deceit (§§ 236; 237, subd. (a); count 5), and of two lesser included offenses on other counts. Specifically, the jury found Ryan guilty of false imprisonment on count 1 as a lesser included offense of kidnapping to commit a sex offense and, on count 3, of simple battery (§ 242) as a lesser included offense of sodomy by force. The trial court sentenced Ryan to an aggregate prison term of 16 years and 8 months.
On appeal, Ryan contends the
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