PEOPLE v.IRELAND





























Filed 9/8/10











>CERTIFIED FOR PARTIAL PUBLICATION^* >

IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH
APPELLATE DISTRICT




>

THE PEOPLE, Plaintiff and Respondent, v. ANTHONY IRELAND, Defendant and Appellant.

F057896 (Super. Ct. No. F07908591) >OPINION

APPEAL
from a judgment of the Superior Court
of Fresno
County. Gary R. Orozco, Judge.

Scott
Concklin, under appointment by the Court of Appeal, for Defendant and
Appellant.

Edmund G.
Brown, Jr., Attorney General, Dane R.
Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant
Attorney General, Louis M. Vasquez, Lloyd G. Carter, and Leanne
LeMon, Deputy Attorneys General, for Plaintiff and Respondent.



Following a
jury trial, Anthony Ireland (appellant) was convicted of four counts of forcible rape (Pen. Code, § 261,
subd. (a)(2)).^[1] As to each count, the jury found true the
allegations that appellant used a deadly weapon (§ 12022.3, subd. (a)) and
that he committed the crimes against multiple victims and with a deadly weapon
(§ 667.61, subd. (e)(4), (5)). The
trial court sentenced appellant to a total term of 100 years in state prison,
consisting of four consecutive 25-year-to-life terms.

On appeal,
appellant contends: (1) there is
insufficient evidence to sustain his forcible rape convictions; (2) CALCRIM
No. 1000 as given was insufficient; (3) CALCRIM No. 250 was given in
error; (4) the trial court erred in failing to instruct on assault and battery
as lesser included offenses; (5) the trial court erred in admitting evidence of
an uncharged act; (6) CALCRIM Nos. 1191 and 2616 were given in error; and
(7) trial counsel was ineffective. We
find no prejudicial error and affirm.

FACTS

Each of
appellant's four convictions of forcible rape involved a different victim but a
similar scenario.

Count 1: V.B.

In late
October of 2007, V.B. was working as a prostitute on Motel Drive when
appellant, in a four-door burgundy car, approached and asked her for a â€