People v. Mirabal

Filed 10/28/25 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT THE PEOPLE, H050860 (Santa Cruz County Plaintiff and Respondent, Super. Ct. No. 21CR05347) v. MARTY MIRABAL, Defendant and Appellant. Defendant Marty Mirabal appeals after a jury convicted him of rape of an intoxicated person (Pen. Code, § 261, subd. (a)(3))1 and he was sentenced to a term of six years in prison. On appeal, Mirabal argues the trial court erred by failing to instruct the jury on the lesser included offense of battery and by admitting nonprobative and prejudicial…