People v. Acevedo

Opinion

GILBERT, J.

Defendant Carlos Acevedo appeals his conviction of two counts of rape. (Pen. Code, § 261, subd. (2).) Acevedo argues on appeal that (1) the trial judge erred by failing to instruct on the lesser included offenses of attempted rape and assault with the intent to rape; (2) the trial judge erred by failing to instruct the jury that it could not consider both offenses at the same time in considering Acevedo’s guilt of either; (3) evidence of the offense against one victim should not have been admitted, referred to, or considered in determining the offense against the other…