P. v. Felix CA6
Following a jury trial, Eliziel Jacobo Felix was found guilty of rape by force, violence, or fear (Pen. Code, § 261, subd. (a)(2)). The jury also found true the special kidnapping allegation (§ 667.61, subds. (a), (d)(2)). The victim was his stepdaughter, T. Doe. The trial court sentenced defendant to an indeterminate prison term of 25 years to life. Defendant appeals from the judgment of conviction.
On appeal, defendant contends that the trial court abused its discretion or prejudicially erred by (1) denying his Marsden motion (see People v. Marsden (1970) 2 Cal.3d 118 (Marsden)), (2) denying a requested instruction regarding defendant’s belief that the alleged victim consented to sexual intercourse, (3) failing to instruct on several offenses characterized as lesser-included offenses of rape, (4) denying a defense request to instruct the jury on section 667.61, subdivision (e)(1) as a “lesser included enhancement,” and (5) denying his motion for a new trial. He also r
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