California Court of Appeal

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People v. Leal, B211365

Defendant's conviction for rape and sexual penetration by artifice, pretense or concealment and related crimes is affirmed where: 1) the evidence supports a finding that defendant intended to and did induce the victim into believing he was her husband, and for that reason submitted to his sexual advances; 2) the evidence was sufficient to satisfy the force element of the crime of assault with intent to commit rape; and 3) court did not err in failing to instruct the jury on simple assault as a lesser included offense to charge of assault with intent to commit rape or another sexual offense.

Appellate Information

  • Decided 12/23/2009
  • Published 12/23/2009

Judges

  • PERREN, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Edward H. Schulman, Los Angeles, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Stephanie C. Brenan, Peggy Z. Huang, Deputy Attorneys General, for Plaintiff and Respondent.
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