People v. Hernandez, No. D053807
Trial court's sentencing of a defendant to 50 years to life, plus a consecutive 8-year term after the jury convicted him of sodomy and rape and found true the special allegations that he committed the crimes during the commission of a burglary with the intent to commit a sex crime and personally used a dangerous and deadly weapon is affirmed where: 1) it was unnecessary for the court to submit the question of reasonable belief to the jury as there is no substantial evidence in the case to support defendant's argument that he reasonably relied on what he claimed to be the victim's equivocal conduct to form the basis of his mistaken belief that she consented to the sexual assault; and 2) the burglary is the predicate act or aggravating circumstance that triggered the life sentence under section 667.61(a)(d)(4), and, under well-established legal principles, the jury was not required to unanimously agree on the specific sex offense or offenses that were the object of his intent when he entered the victim's residence.
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Filed December 17, 2009
Opinion by Judge McIntyre
For Appellant: Kurt David Hermansen
For Appellee: Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Chandra E. Appell and Marcella McLaughlin, Deputy Attorneys General
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