P. v. Simental CA1/5
Appellant Jose Simental was sentenced to prison for a term that included life without the possibility of parole after a jury convicted him of several sexual offenses against two minors. He contends: (1) the court erred in denying his motion under Batson v. Kentucky (1986) 476 U.S. 79 (Batson) and People v. Wheeler (1978) 22 Cal.3d 258 (Wheeler); (2) there was no substantial evidence of force, violence, duress, menace or fear as to one count of Penal Code section 288, subdivision (b)(1); (3) the trial court should not have instructed the jury on a legally erroneous theory of duress with respect to section 288, subdivision (b)(1); (4) there was no substantial evidence appellant entered the home of one victim with the intent necessary to support a one-strike allegation of “aggravated” burglary under section 667.61, subdivision (d)(4); and (5) the instructions did not adequately define the intent required. We affirm.
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