P. v. Criss CA2/4
Appellant D’Andre Marcus Criss appeals from a judgment following convictions on three counts of committing corporal injury on a cohabitant, girlfriend or child’s parent and two counts of forcible rape. Appellant contends his rape convictions should be reversed because the trial court committed prejudicial error in failing to give an instruction on his reasonable, good faith mistake of fact regarding the victim’s consent to sexual intercourse pursuant to People. v. Mayberry (1975) 15 Cal.3d 143 (Mayberry). As explained below, we conclude there was no substantial evidence to support giving a Mayberry instruction. Accordingly, we affirm.
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