P. v. Jordan
Defendant Jason Jordan was convicted by jury of four counts of second degree robbery (Pen. Code, 211) and two counts of sexual battery by restraint ( 243.4, subd. (a)). Defendant was sentenced to ten years in state prison, consisting of the upper term of five years for one count of second degree robbery plus consecutive terms of one year (one third of the midterm) for each of the remaining counts.
In this timely appeal, defendant contends there was constitutionally inadequate evidence of the required specific intent to support the convictions of sexual battery. He further contends the trial court committed reversible error by refusing to instruct on battery as a lesser included offense of sexual battery. The Attorney General requests that we correct the sentence to include five additional $20 security fees which are mandatory under section 1465.8, subdivision (a)(1). Court hold the finding of specific intent was supported by substantial evidence and the court did not commit instructional error. Court further order the judgment be modified to include the additional security fees as requested by the Attorney General.
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