P. v. Beleche
Defendant Jose Beleche appeals from his conviction of a felony count of penetration with a foreign object (Pen. Code,[1] 289, subd. (a)(1)) and a misdemeanor count of touching an intimate part of another for purposes of sexual arousal ( 243.4, subd. (a).) Defendant contends he was deprived of his constitutional due process rights and right to a fair trial by the trial courts (1) instructing the jury with a modified version of Judicial Council of California Criminal Jury Instructions (CALCRIM) No. 1045 that omitted the specific intent element of the crime of penetration with a foreign object; (2) admitting evidence of prior uncharged acts of domestic violence; (3) instructing the jury with CALCRIM No. 852; (4) admitting prejudicial and irrelevant evidence that defendant violated a restraining order; and (5) instructing the jury on flight after a crime. Defendant further claims the prosecutor committed misconduct and the cumulative error doctrine requires reversal. Court find that any error was harmless, and Court affirm.
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