P. v. Morales
Although he probably did not think so at the time, November 3, 2002, turned out to be a very bad day for defendant Angel Morales, Jr. After stabbing a person he believed to be a rival gang member, defendant raped a 14-year-old girl at his sisters apartment. Ultimately, defendant pled no contest to assault with a deadly weapon (with a gang enhancement) for the stabbing and received probation, with execution of an eight-year prison sentence suspended but with two years in jail as a condition of probation. While he was still in jail on the assault case, a jury found him guilty of rape. As a result, the trial court revoked defendants probation in the assault case and imposed the upper term of eight years on the rape to run consecutively with the eight-year sentence on the assault, leaving defendant with an aggregate term of 16 years in prison.
On appeal in the rape case, defendant contends the trial court erred in instructing the jury with CALJIC No. 2.28 based on his belated disclosure of his sister as a witness. He also contends the trial court abused its discretion in admitting evidence of the rape victims deteriorating academic performance and evidence that his assault conviction was gang related. Finally, he contends the trial court violated his constitutional rights by imposing the upper term for the rape. On appeal in the assault case, defendant contends he did not receive proper notice of the proposed revocation of his probation nor a proper hearing. He also complains that counsel was not formally appointed for him with respect to the probation revocation and the revocation of his probation was not supported by the evidence. Finding no prejudicial error in either case, Court affirm the judgment.
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