People v. White

*771Opinion

STANIFORTH, J.

The jury convicted defendant Van Anthony White of forcible rape in violation of Penal Code section 261, subdivision 2.1 At sentencing hearing, the trial court struck the prior offense proved and sentenced White to prison for the middle term of four years, with credit for time served. The court found neither mitigation nor aggravation. White appeals, contending (1) he was denied effective assistance of counsel at his preliminary hearing which prejudiced him upon trial, (2) the trial court erred in refusing to give a lesser included offense (battery) instruction, (3) the…