People v. Andrews

Opinion

MARQUEZ, J

—Defendant Earnest L. Andrews was convicted by a jury of misdemeanor sexual battery of Elizabeth Doe (Pen. Code, §§ 242-243.4, subd. (e)(1); count 2). The jury also convicted defendant of three felonies (counts 3, 4 and 5) involving a second victim, Juanita Doe. But, as to the first victim (Elizabeth Doe), the jury acquitted defendant of rape (§ 261, subd. (a)(2); count 1) and the lesser included offense of assault with intent to commit rape (§ 220). The court sentenced defendant to seven years in prison.

Defendant asserts three claims of error on appeal. First, he argues the…