P. v. Lyons CA1/4
A jury found defendant Willie Lyons guilty of rape of an unconscious person (Pen. Code, § 261, subd. (a)(4)), his 24-year-old stepdaughter, T.B. The trial court sentenced him to six years in prison. In this appeal, Lyons contends his trial counsel provided ineffective assistance by (1) objecting to a jury instruction on the lesser charge of attempted rape of an unconscious person, and (2) failing to challenge DNA evidence presented by the prosecution. We affirm.
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