People v. Byers
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The Court of Appeal affirmed defendant's conviction of kidnapping to commit rape, oral copulation, or sodomy, sodomy by use of force, and two counts of commercial burglary. The court concluded that the district court did not abuse its discretion when it admitted evidence that defendant watched pornography shortly before committing the assault; the trial court did not err in refusing to reopen voir dire to inquire into the jurors' views of pornography; there was sufficient evidence to warrant a jury instruction regarding evaluation of a witness with a mental or communication impairment; and counsel did not render ineffective assistance by failing to object to evidence that he refused to answer questions by the nurse. The court rejected defendant's claim of cumulative errors.
However, the court modified the conviction by striking the five-year great bodily injury enhancement and replacing it with a three-year enhancement. The court directed the trial court to prepare an amended abstract of judgment reflecting the modification and to forward the amended abstract to the Department of Corrections and Rehabilitation. The court affirmed in all other respects.
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