California, United States of America
The following excerpt is from People v. Herrera, F061301 (Cal. App. 2012):
of the rape. Any sexual penetration, however slight, is sufficient to complete the crime." ( 263.) Ejaculation is not an element of rape. All that is required is sexual penetration, however slight. (People v. Wallace (2008) 44 Cal.4th 1032, 1079.)
An appellate court presumes in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence. (People v. Kraft (2000) 23 Cal.4th 978, 1053.) An appellant who contends that some particular finding is not supported is required to set forth in her or her brief a summary of the material evidence on that issue. (People v. Dougherty (1982) 138 Cal.App.3d 278, 282.) Appellant makes five assignments of error in this case. We address each in turn.
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