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Insufficient Evidence: Kidnap to Commit Rape

California v. Lewis Docket: G060049 (Fourth Appellate District), Opinion Date: November 30, 2021. Rodney Lewis appealed after a jury convicted him of rape by intoxication and kidnapping to commit rape. Lewis argued the trial court erred in instructing the jury on kidnapping to commit rape and insufficient evidence supported his convictions. After careful consideration, the Court of Appeal agreed there was prejudicial instructional error and reversed his kidnapping to commit rape conviction. Because there was insufficient evidence to support that conviction, Lewis could not be retried. His insufficiency of the evidence claim as to his rape by intoxication conviction was meritless. In all other respects, the Court affirmed the judgment.


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