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P. v. Smith

P. v. Smith
07:27:2013




P. v. Smith




Description Appellant Rodney J. Smith represented himself at trial and was convicted by a jury of one count of sexual penetration by a foreign object (Pen. Code, § 289, former subd. (a)(1), current subd. (a)(1)(A)),[1] three counts of forcible oral copulation (§ 288a, former subd. (c)(2), current subd. (c)(2)(A)), and one count of forcible rape (§ 261, subd. (a)(2)). Smith appeals, contending that the trial court abused its discretion, and violated his federal constitutional rights, by ending his direct examination after he repeatedly refused to confine his questions to relevant matters. He also suggests that the trial court impermissibly lightened the prosecution’s burden of proof when it instructed the jury on consent. We affirm.
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