P. v. Phillips
Filed 2/15/06 P. v. Phillips CA2/4
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SECOND APPELLATE DISTRICT
DIVISION FOUR
| THE PEOPLE, Plaintiff and Respondent, v. ANTOINE PHILLIPS, Defendant and Appellant. | B181393 (Los Angeles County Super. Ct. No. TA073901) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Gary R. Hahn, Judge. Affirmed.
Vanessa Place, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Lawrence M. Daniels and Timothy M. Weiner, Deputy Attorneys General, for Plaintiff and Respondent.
Defendant Antoine Phillips appeals from the judgment of conviction following a jury trial. The jury convicted him of three counts of forcible rape (§ 261, subd. (a)(2),[1] and found true the allegation under rule 4.421(a)(3), California Rules of Court, that the victim was particularly vulnerable because she was under the age of 18 and under the influence of alcohol. The court sentenced him to 24 years in state prison. On appeal, his sole contention is that CALJIC No. 1.23.1, which defines consent in a rape prosecution, unconstitutionally shifts the burden of proof on lack of consent to defendant. We disagree, and affirm the judgment.
BACKGROUND
On October 24, 1997, when she was 15 years old, Trina R. attended a party at 106th Street and Central Boulevard in Los Angeles. She was accompanied by a friend, Corey Miller. Trina had formerly lived in a foster home in the neighborhood. At the party, she met two young men that she knew from that time, Peanut and Diablo, both of whom were in their mid-twenties. At the party, Trina was introduced to defendant, whom she did not know.
Peanut fixed Trina gin and orange juice cocktails. After drinking two and a half cups, Trina became sick, and fell down a flight of stairs. Accompanied by Miller and Miller's boyfriend, Dewayne, Trina was carried from the party to her former foster home located nearby, but the resident would not let her stay there. Trina was then carried to a garage where defendant lived.
Trina was placed on a couch in the garage. Peanut, Diablo, defendant, and a fourth man, Yak, were present. Miller and Dewayne left. Trina â€
