California Court of Appeal

A conviction and sentence for raping an intoxicated person is affirmed over claims that the trial court: 1) erred in allowing the prosecutor to introduce evidence of statements the victim made to other individuals hours after the rape under the spontaneous statement exception to the hearsay rule; 2) erred in refusing to instruct the jury with CALJIC 4.35, the general mistake of fact instruction; and 3) abused its discretion by sentencing defendant to state prison rather than probation.

Appellate Information

• Decided 10/20/2006
• Published 10/20/2006

Judges

• AARON, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Valerie G. Wass, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Raquel M. Gonzalez and Angela M. Borzachillo, Deputy Attorneys General, for Plaintiff and Respondent.