P. v. Thomas

Filed 3/30/06 P. v. Thomas 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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, A108687

v. (Contra Costa County

Super. Ct. No. 50322396)

CHARLES LEON THOMAS,

Defendant and Appellant.

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Charles Leon Thomas appeals from a judgment entered after a jury convicted him of forcible rape and other offenses. He contends (1) the trial court erred when it admitted DNA evidence that connected him to the rape, (2) the court made several erroneous evidentiary rulings, and (3) the court sentenced him incorrectly. We agree the court made a minor sentencing error and will order the appropriate modification. In all other respects, we will affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

Jane Doe I (Doe I) lived by herself in an apartment in Richmond. On February 12, 2002, Doe I returned home from work and then went to bed around 10:00 p.m. She was awakened near 11:30 p.m. by a man who was hitting her shoulder. The man called Doe I a â€