People v. Braslaw

Opinion

BANKE, J.

— Defendant Steven M. Braslaw, following a jury trial, was found guilty of raping an intoxicated person (Pen. Code, § 261, subd. (a)(3)). On appeal, he contends the trial court should have given further jury instructions on a defendant’s belief in the victim’s capacity to consent and should have instructed on attempted rape. He also claims his counsel was ineffective in failing to object to alleged prosecutorial misconduct. In the published portion of this decision, we conclude there was no instructional error. In the unpublished portion, we reject the claim of ineffective…