P. v. Chapman
An information accused defendant of four sexual offenses against victim A.T. and four sexual offenses against victim D.B. Two of the counts involving A.T. were dismissed at the close of the prosecution case and the jury acquitted defendant of the other two counts involving A.T.
As to D.B., defendant was convicted of sexual battery of a restrained person (Pen. Code, S 243.4, subd. (a); count one), forcible oral copulation (Pen. Code, S 288a, subd. (c)(2); count two), forcible rape (Pen. Code, S 261, subd. (a)(2); count three), and kidnapping (Pen. Code, S 207; count four) as a lesser included offense of kidnapping for rape (Pen. Code, S 209, subd. (b)(1)). On counts two and three, the jury found that defendant kidnapped D.B. within the meaning of Penal Code section 667.61, subdivision (d)(2).
Defendant was sentenced to state prison for six years for oral copulation plus consecutive terms of one year for sexual battery and 25 years to life for rape. Sentence for kidnapping was stayed pursuant to Penal Code section 654.
On appeal, defendant contends the trial court erred by (1) admitting evidence of uncharged prior acts pursuant to Evidence Code sections 1108 and 1101, and (2) instructing the jury with CALJIC No. 2.50.01, which violates the constitutional requirement of proof beyond a reasonable doubt. Court affirm the judgment.
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