People v. Batey

Opinion

DAVIS, J.

Defendant was convicted by a jury of assault with intent to commit rape. (Pen. Code § 220.) The jury also found that the defendant personally used a deadly weapon. (Pen. Code, § 12022, subd. (b) (now subd. (d).) Defendant was sentenced to the aggravated term of six years, plus one year for the use of a deadly weapon. Defendant contends his conviction should be reversed because the trial court improperly instructed the jury pursuant to CALJIC Nos. 2.52 (flight after crime), 2.04 (efforts by defendant to fabricate evidence), 2.06 (efforts to suppress evidence), and omitted 2.71…