California Court of Appeal

Sentence for conviction of rape in concert of a minor 14 or older, Pen. Code section 264.1(b)(2), forcible rape, section 261(a)(2), rape of an intoxicated person, section 261(a)(3), and rape of an unconscious person, section 261(a)(4), are reversed as to the rape in concert and forcible rape convictions where: 1) when the prosecution has elected to proceed on one factual theory, and when that election has obviated the need for a unanimity instruction, the court is bound by the prosecution's election; and 2) the prosecution's elected factual theory was not supported by substantial evidence.

Appellate Information

• Decided 09/14/2015
• Published 09/14/2015

Judges

• RAMIREZ

Court

• California Court of Appeal

Counsel