NOT TO BE PUBLISHED IN OFFICIAL REPORTS
OPINION
ARONSON, J.
A jury convicted Felix Vivar Moguel of rape (Pen. Code, § 261, subd. (a)(2); all further statutory references are to this code), and making a criminal threat against the victim (§ 422.) The jury also found defendant guilty of misdemeanor assault (§ 240), a lesser included offense of assault with intent to commit rape. Defendant contends the trial court misinstructed the...
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