California Court of Appeal

Conviction and sentence for rape, kidnapping to commit rape, and robbery, and finding that defendant was sane at the time of the offenses, are affirmed over claims that: 1) a portion of CALCRIM No. 3450 given to the jury effectively directed a finding of sanity; and 2) a portion of CALCRIM No. 226 given to the jury should not have been given since defendant testified.

Appellate Information

• Decided 10/22/2007
• Published 10/22/2007

Judges

• HULL, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• David Y. Stanley, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Charles A. French, Supervising Deputy Attorney General, and Robert C. Nash, Deputy Attorney General, for Plaintiff and Respondent.