P. v. Ramos CA2/1
Luis Ramos appeals the judgment entered following a jury trial in which he was convicted of forcible oral copulation (Pen. Code, § 288a, subd. (c)(2)(a); count 1), and forcible rape (§ 261, subd. (a)(2); count 3). The jury found appellant not guilty of the charge of sexual penetration by a foreign object (§289, subd. (a)(1)(a); count 2). The trial court sentenced appellant to 12 years in state prison and, as to count 1, imposed a $40 court security fee (§ 1465.8, subd. (a)(1)) and a $30 court construction fee (Gov. Code, § 70373, subd. (a)).
Appellant contends: (1) the trial court abused its discretion in excluding the victim’s statement that she intended to have sex with someone at the party on the night in question; (2) the prosecutor committed misconduct in argument by mischaracterizing the evidence; and (3) the prosecutor committed misconduct by asking the jury to consider the lack of evidence of consent, by misstating the law on the burden of proof, and by making state
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