PEOPLE v.IRELAND
Filed 9/8/10
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)
STORY CONTINUE
FROM PART I….
As noted by appellant, in People v. Vela (1985) 172 Cal.App.3d 237, 242, the court held that
consent to sexual intercourse could be withdrawn before penetration but not
after. In
Cal.4th 756, 763, our Supreme Court disagreed with that particular point in
withdraw her consent to sexual intercourse at any time, even during copulation,
as long as that withdrawal was clearly communicated. Appellant contends that the instruction, as
given here, â€
| Description | 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. Court find no prejudicial error and affirm. |
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