California Court of Appeal

In this case, defendant was convicted by a jury of misdemeanor sexual battery and the jury acquitted defendant of rape and the lesser-included offense of assault with intent to commit rape. Defendant was thereafter sentenced to seven years in prison. The judgment is reversed and the case is remanded, where: 1) if a defendant is charged with misdemeanor sexual battery, a People v. Mayberry instruction must be given when there is substantial evidence to support the defense and it is not inconsistent with defendant's theory of the case; and 2) the court failed to give a Mayberry instruction in connection with the misdemeanor sexual battery charge, and this error was prejudicial.

Appellate Information

• Decided 02/19/2015
• Published 02/18/2015

Judges

• Marquez

Court

• California Court of Appeal

Counsel