California Court of Appeal

Sentence and conviction of felony sexual penetration of an unconscious victim and misdemeanor sexual battery of a seriously disabled or medically incapacitated victim is affirmed over defendant's challenges where: 1) the optional instruction is not legally erroneous; 2) relevant evidence supported the court's giving of the optional instruction; 3) the optional instruction did not create a false impression; and 4) the optional instruction was not an unconstitutional permissive inference.

Appellate Information

• Published 2016/04/19

Judges

• ROBIE

Court

• California Court of Appeal

Counsel