P. v. Brewster
A jury convicted appellant of kidnapping to commit rape (count 1) (Pen. Code, 209, subd. (b)(1))[1]; attempted murder (count 2) ( 664/187, subd. (a)); criminal threats (count 3) ( 422); and assault with intent to commit rape, sodomy, oral copulation and a violation of sections 264.1, 288, and 289 (count 4) ( 220). With respect to count 3, the jury found true the allegations that the threatened crime, on its face and under the circumstances in which it was made, was so unequivocal, unconditional, immediate, and specific as to convey to the victim a gravity of purpose and an immediate prospect of execution, and that the victim was reasonably in sustained fear for her safety and for the safety of her immediate family. Appellant appeals on the grounds that: (1) the trial court violated appellants right to due process under the federal and California Constitutions by excluding relevant and admissible evidence of statements made by the alleged victim after her trial testimony, and (2) trial counsel was ineffective in specifying that one of appellants prior convictions was for manslaughter after the trial court had ordered the nature of the offense to be sanitized.
The judgment is affirmed.
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