P. v. Mollison
Filed 6/29/06 P. v. Mollison CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
THIRD APPELLATE DISTRICT
(Butte)
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| THE PEOPLE, Plaintiff and Respondent, v. DAVID GLENN MOLLISON, Defendant and Appellant. |
C045818
(Super. Ct. No. CM017533)
|
Defendant David Glenn Mollison was convicted of forcible rape and was sentenced to a term of six years in state prison. On appeal, he contends his conviction must be reversed because the prosecution violated its discovery obligations and committed misconduct during closing argument and because his trial attorney's omissions denied defendant the right to effective assistance of counsel. We shall affirm the judgment.
FACTS
Viewed in the light most favorable to the judgment (People v. Horning (2004) 34 Cal.4th 871, 901), the evidence established the following:
While at a bar with friends, V.G. (the victim) began talking to defendant, whom she knew. When the victim was ready to leave, defendant offered to drive her home. She declined, and defendant said that he would follow her home in his truck. Upon arriving there, defendant met the victim at her front door and came inside for a beer. He then raped her despite her struggles and pleas for him to stop because she had just had a hysterectomy and reparative surgery. The next day, the victim told a friend about the rape. However, the victim did not report it to law enforcement for two days because she â€
