P. v. Light CA5
A jury convicted Kevin Jay Light (appellant) of numerous offenses for the rape of his girlfriend’s 14-year-old daughter. The trial court sentenced appellant to 11 years in state prison.
On appeal, appellant challenges the sufficiency of the evidence of his conviction for rape by threat (Pen. Code, § 261, subd. (a)(6)), because there was no evidence the victim heard or was aware of his threats. We conclude the evidence was sufficient because appellant’s threats dissuaded the victim’s mother from attempting to stop the rape. In addition, appellant contends the trial court erroneously omitted an element of rape by threat in the jury instructions. We agree, but conclude any error was harmless beyond a reasonable doubt.
Appellant also challenges the sufficiency of the evidence supporting his conviction for criminal threats (§ 422). Respondent concedes the evidence was insufficient.
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