P. v. Saavedra CA6
Defendant David Saavedra appeals after a jury convicted him of committing sex offenses against two victims almost a decade apart. For his conduct against Doe 1 in 2001, when defendant was 24 years old, the jury convicted defendant of rape of a developmentally disabled person (Pen. Code, § 261, subd. (a)(1)) and forcible rape (§ 261, subd. (a)(2)). For his conduct against Doe 2 in 2009 and 2010, when defendant was approximately 33 years old, the jury convicted defendant of three counts of committing a lewd act on a child under age 14 (§ 288, subd. (a)) and found true the allegation that he committed the offenses during a burglary (§ 667.61, subds. (a), (b), (d)(4)). The jury also found that defendant committed qualifying sex offenses against multiple victims (§ 667.61, subds. (b), (e)(4)). The trial court sentenced defendant to 90 years to life.
Defendant contends that insufficient evidence supports his conviction of forcible rape; the trial court misinstructed the jury on the ele
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