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PEOPLE v. HERNANDEZ

No. B226324.

200 Cal.App.4th 1000 (2011)

THE PEOPLE, Plaintiff and Respondent, v. RAMON RUIZ HERNANDEZ, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

October 19, 2011.

Attorney(s) appearing for the Case

Nancy L. Tetreault , under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown Jr. , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Pamela C. Hamanaka , Senior Assistant Attorney General, Steven E. Mercer , Roberta L. Davis , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

YEGAN, J.—

Ramon Ruiz Hernandez appeals his conviction, by jury, of rape of an unconscious person. (Pen. Code, § 261, subd. (a)(4).)1 He was sentenced by the trial court to a term of three years in state prison. Appellant contends there was insufficient evidence that the victim was unconscious or that he was aware of this fact. He further contends the trial court erred when it failed to instruct...

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