P. v. Marquez CA4/3
Mark Anthony Marquez appeals from the judgment after a jury convicted him of forcible rape (Pen. Code, § 261, subd. (a)(2)) and rape of an intoxicated person (§ 261, subd. (a)(3)). Marquez raises two issues on appeal. First, he contends his forcible rape conviction should be reversed because it resulted from vindictive prosecution, a violation of his state and federal constitutional rights to due process. Because his trial counsel did not raise this issue below, thereby forfeiting his appellate claim, Marquez alternatively argues his counsel’s omission constitutes ineffective assistance. We conclude the prosecution’s reinstatement of the forcible rape charge, which it had dismissed earlier in the proceedings, did not raise a presumption of vindictive prosecution, and therefore, we reject Marquez’s claim in either configuration.
Comments on P. v. Marquez CA4/3