California Court of Appeal

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People v. Cordell, D056302

Conviction and sentencing of defendant for attempted premeditated murder, assault with a deadly weapon, criminal threats, rape, rape with a foreign object, and fraudulently conveying an access card are affirmed in part as modified and reversed in part where: 1) trial court did not err in refusing to instruct on the defense of mistake of fact on rape charge because there was no substantial evidence of equivocal behavior on the victim's part; but 2) there is insufficient evidence that defendant conveyed an access card within the meaning of the statute under which he was charged.

Appellate Information

  • Decided 06/01/2011
  • Published 06/01/2011

Judges

  • AARON

Court

  • California Court of Appeal

Counsel