P. v. Garcia CA3
A jury found defendant Rafael Antonio Garcia guilty of crimes against three women including kidnapping with intent to commit rape or sexual penetration, forcible sexual penetration, and attempted rape. On appeal he contends (1) the trial court erred in excluding certain defense evidence, including that a victim had made a false rape claim; (2) the trial court erred in failing to instruct sua sponte on the lesser included offense of simple kidnapping; (3) the trial court failed to instruct or secure verdicts on the “One Strike” penalty provision; (4) the trial court erred in failing to sua sponte provide the jury with a unanimity instruction; and (5) the abstract of judgment must be corrected to reflect the term imposed on count 12. Additionally, defendant (6) asks us to review the in camera hearing held pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess); and (7) maintains the above errors were cumulatively prejudicial.
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