P. v. Paniague CA1/4
Ramon Pena Paniague was convicted of felony oral copulation of an unconscious person and misdemeanor sexual battery after he entered his sleeping 19-year-old stepdaughter’s bedroom and sexually assaulted her. He contends the trial court erred when it failed to instruct the jury on mistake of fact as to the oral copulation count, as to Paniague’s good character for appropriate sexual behavior, and on attempted oral copulation of an unconscious person as a lesser offense of the oral copulation count. His contentions are meritless, so we affirm.
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