Q: My son was convicted of PC 261 and was alleged to have committed the crime during a first degree burglary PC 667.61
The jury found the allegation true. I was recently informed that a jury cannot render a valid true finding if the principal fact that brings the enhancement into existence cannot be charged or litigated the alleged crime took place in Feb 2000 the statute of limitations on the burglary had run out by the time he was charged in 2007. I was told that the true finding is void because my son was not found guilty of a burglary, and by the general law could not be charged convicted or punished for burglary because the status of limitations had run out.
A:
Penal Code 261 defines the crime of "rape" as nonconsensual sexual intercourse accomplished by means of: threats, force, or fraud, or. with a victim who is unconscious or incapable of consenting.
More info needed.
my best advice is to set up a consultation with a lawyer in your city that handles these types of cases. Most criminal lawyers will not charge for a consult.
write out a detailed summary ahead of time.
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