People v. Leal, No. B211365

Defendant's conviction for rape and sexual penetration by artifice, pretense or concealment and related crimes is affirmed where: 1) the evidence supports a finding that defendant intended to and did induce the victim into believing he was her husband, and for that reason submitted to his sexual advances; 2) the evidence was sufficient to satisfy the force element of the crime of assault with intent to commit rape; and 3) court did not err in failing to instruct the jury on simple assault as a lesser included offense to charge of assault with intent to commit rape or another sexual offense.     

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Appellate Information

Filed December 23, 2009

Judges

Opinion by Judge Perren

Counsel
For Appellant:   Edward H. Schulman

For Appellee:   Edmund G. Brown, Jr., Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Stephanie C. Brenan, Peggy Z. Huang, Deputy Attorneys General