People v. Lujano

MENETREZ, J.*

*189INTRODUCTION

A jury convicted Andres Lujano of sodomy of an intoxicated person ( Pen. Code, § 286, subd. (i) ),1 and the trial court sentenced him to six years in state prison. He appeals, claiming the trial court prejudicially erred by refusing to instruct the jury that an actual and reasonable belief that the victim was capable of consenting is a defense.

We conclude that the court did not err, because the requested instruction merely duplicated other instructions that were properly given. For similar reasons, any error was harmless because the factual question posed by the…