California Court of Appeal

Conviction and sentence for forcible rape are affirmed over claims that: 1) the court reporter cried during a readback of testimony; 2) the trial court erred in excusing a juror during deliberations; 3) the trial court erred in excluding evidence that the victim made an allegedly false prior accusation of attempted rape; 4) the court erred in imposing a five-year enhancement under Penal Code section 667(a) on each of the counts on which defendant was convicted; and 5) the court's selection of the upper term for the rape conviction and a knife use enhancement on a count violated Cunningham v. California (2007) 549 U.S. __, 127 S.Ct. 856.

Appellate Information

• Decided 05/15/2007
• Published 05/15/2007

Judges

• WILLHITE, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Richard D. Miggins, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Susan Sullivan Pithey and Susan S. Kim, Deputy Attorneys General, for Plaintiff and Respondent.