P. v. King
Filed 5/8/06 P. v. King CA1/5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FIVE
| THE PEOPLE, Plaintiff and Respondent, v. DAMON KING, Defendant and Appellant. |
A108855
(San Mateo County Super. Ct. No. SC55255)
|
Appellant Damon King contends that the trial court erred by failing to instruct the jury that it could not convict appellant of violating Penal Code section 261.5, subdivision (c), if it found that he had a good faith, reasonable belief that the victim was 18 or over. We find no error and affirm.
I. FACTS AND PROCEDURAL HISTORY
Appellant was convicted of one count of violating Penal Code section 261.5, subdivision (c),[1] based on evidence that he had sexual intercourse with the victim, who had recently celebrated her sixteenth birthday. The victim and her three companions testified that they had skipped out of high school and began drinking with some older men, including appellant--a 26-year-old father of three children. The victim and her companions all identified appellant as one of the men who drank with them and as the one who had sex with the victim once she was drunk. The victim also called appellant on his cell phone at least five times afterwards. The victim and her companions testified that they never tried to conceal that they were underage or that they were high school students. One companion testified that the men were told their ages. Most of the minors testified that the subject of their attending and/or skipping school came up repeatedly during their time with appellant. The victim testified that the subject was â€
