People v. Smith

Opinion

ROBIE, Acting P. J.

A jury found defendant Larry Steven Smith guilty of rape of an intoxicated woman (count I), rape of an unconscious woman (count II), and misdemeanor sexual battery. The trial court sentenced defendant to prison for eight years (the upper term on count I, with the terms on the other two counts run concurrently and stayed under Pen. Code, § 654).

On appeal, defendant contends (1) the trial court gave misleading and incomplete instructions on rape of an intoxicated woman that require reversal of both rape convictions; and (2) because there is no crime of sexual battery…