People v. Burnham
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
FITCH, J. *
Appellant was convicted by a jury of count I, violation of Penal Code sections 664 and 289, attempted penetration with foreign object, a felony; counts II through V, violations of Penal Code section 262, spousal rape, a felony; and count VI, violation of Penal Code section 245, subdivision (a), assault by means of force likely to produce great bodily injury, a felony. Appellant was thereafter sentenced to the state prison for the term of 13 years.
I. Failure to Instruct on CALJIC No. 10.23 Sua Sponte(a) Was it error?
As to counts I through V, 1 appellant contends he was denied…
2Cases cited36 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- People v. WatsonCalifornia Supreme Court · 1956
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- People v. SedenoCalifornia Supreme Court · 1974
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