P. v. Johnson CA2/6
Joseph Lynn Johnson appeals the judgment entered after a jury found him guilty of rape of a mentally disabled person in violation of Penal Code section 261, subdivision (a)(1).1 Appellant was sentenced to prison for the low term of three years. We reject appellant’s contention that the trial court erroneously failed to instruct the jury sua sponte on the lesser included offense of battery. We remand the matter to the trial court with di
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