People v. Lujano
Annotate this CaseThe Court of Appeal affirmed defendant's conviction of sodomy of an intoxicated person, holding that the trial court did not prejudicially err by refusing to instruct the jury that an actual and reasonable belief that the victim was capable of consenting is a defense. The court held that the requested instruction merely duplicated other instructions that were properly given and, furthermore, any error was harmless because the factual question posed by the requested instruction was necessarily resolved against defendant under the other instructions.
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