People v. Johnson

A jury convicted Johnson of rape of an intoxicated person (Pen. Code 261(a)(3)) and the trial court sentenced him to eight years in prison. The court of appeal affirmed, rejecting an argument that the statute defining the crime of rape of an intoxicated person is unconstitutionally vague and improperly permits conviction without a finding of intent or criminal negligence. The court also upheld the jury instructions, rejecting Johnson’s argument that a defendant’s belief in the capacity to consent, whether or not that belief was reasonable, is a defense to the charged crime. The court found that any prosecutorial misconduct in mentioning Johnson’s prior drug conviction or in Johnson’s cross-examination was harmless error and that upheld the trial court’s evidentiary rulings. Rejecting an argument that the court erred by imposing a restitution fine and certain fees at sentencing without determining whether Johnson had the ability to pay them, the court of appeal stated that even if he suffered a due process violation, Johnson has ample time to pay the $370 from a readily available source of income while incarcerated, so any error is harmless beyond a reasonable doubt. View "People v. Johnson" on Justia Law