California Court of Appeal

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People v. Cabrera, D047895

Conviction and sentence for several crimes including forcible rape, kidnapping, carjacking and infliction of corporal punishment are affirmed over claims that the trial court erred in: 1) denying motion to dismiss rape allegation; 2) preventing defendant from offering a "claim of right" defense to the carjacking allegation; and 3) admitting evidence of prior acts of domestic violence. As trial court erred in sentencing defendant on the corporal punishment charge, the abstract of judgment is corrected.

Appellate Information

  • Decided 06/25/2007
  • Published 06/25/2007

Judges

  • BENKE, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Rebecca P. Jones, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Mary Jo Graves, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Rhonda Cartwright-Ladendorf and Kristen Kinnaird Chenelia, Deputy Attorneys General, for Plaintiff and Respondent.
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