P. v. Baldenegro
Filed 3/10/11 P. v. Baldenegro CA1/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. RALPH BALDENEGRO, Defendant and Appellant. | A126904 (Alameda County Super. Ct. No. CH44743) |
I. INTRODUCTION
Ralph Baldenegro appeals from the judgment after a jury convicted him of 13 counts, including residential burglary, sexually assaulting his ex-girlfriend's 14-year-old daughter, inflicting corporal injury on his ex-girlfriend, who was also the mother of his six-year-old son, and kidnapping the boy. Appellant was sentenced to 94 years to life in prison. On appeal, he contends the trial court erred in failing to give a unanimity instruction; that prosecutorial misconduct deprived him of a fair trial; that the evidence of intent was insufficient to support a conviction of robbery; and that the evidence was insufficient to support mandatory consecutive life terms. We will affirm.
II. FACTUAL AND PROCEDURAL BACKGROUND
On April 20, 2009, the Alameda County District Attorney filed an amended information charging appellant with first degree residential burglary (Pen. Code, §§ 459/460; count 1)[1] with personal use of a firearm (§§ 12022.5, subd. (a), 12022.53, subd. (b)); assault with a firearm against Jane Doe Two (§ 245, subd. (a)(2); count 2) with personal use of a firearm (§ 12022.5, subd. (a)); sexual assault against Jane Doe Two with the intent to commit forcible digital penetration while in commission of a first degree burglary (§ 220, subd. (b); count 3); three counts of forcible digital penetration against Jane Doe Two (§ 289, subd. (a)(1); counts 4 through 6), each with personal use of a firearm (§§ 12022.5, subd. (a), 12022.53, subd. (b)) and â€
| Description | Ralph Baldenegro appeals from the judgment after a jury convicted him of 13 counts, including residential burglary, sexually assaulting his ex-girlfriend's 14-year-old daughter, inflicting corporal injury on his ex-girlfriend, who was also the mother of his six-year-old son, and kidnapping the boy. Appellant was sentenced to 94 years to life in prison. On appeal, he contends the trial court erred in failing to give a unanimity instruction; that prosecutorial misconduct deprived him of a fair trial; that the evidence of intent was insufficient to support a conviction of robbery; and that the evidence was insufficient to support mandatory consecutive life terms. Court will affirm. |
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