P. v. Slone
A jury convicted defendant Walter Ray Slone of: (1) forcible rape (Pen. Code, § 261, subd. (a)(2));[1] (2) forcible sexual penetration (§ 289, subd. (a)(1)(A)); (3) two counts of forcible oral copulation (§ 288a, subd. (c)(2)); and (4) criminal threats (§ 422). The jury also found true allegations that defendant kidnapped the victim in the commission of the offenses. (§ 667.61, subds. (b) & (e).) Following a bench trial, the court found true allegations that defendant had suffered two prior serious or violent felony convictions within the meaning of the “Three Strikes Law.†(§§ 667, subds. (b)-(i), 1170.12.) The court sentenced defendant to an aggregate term of 325 years to life, consecutive to 50 years.
On appeal, defendant contends the trial court erred by excluding evidence of the victim’s nonresponse to defendant’s question whether she was a virgin––a question defendant contends is related to the victim’s credibility on the issue of consent. We conclude the trial court did not abuse its discretion in excluding the evidence, and we affirm the judgment.
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