P. v. Johnson CA1/1
Defendant Andre Lamont Johnson appeals from his conviction of one count of forcible rape (Pen. Code, § 261, subd. (a)(2)). He raises a single issue on appeal—that the trial court erred in denying his request for an instruction on unlawful sexual intercourse with a minor (§ 261.5), which he contends was a lesser included offense under the accusatory pleading test. We affirm.
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