March 2, 2011 By Stephen Klarich

A state appeals court in San Francisco has upheld the conviction and 4-year prison sentence of a former University of California at Berkeley football player for the rape and attempted rape of two female students. Noah Alexander Smith, now 24, was convicted in Alameda County Superior Court in 2009 of the rape and forcible oral copulation of one student in 2007 and the attempted rape of another in 2005.

On appeal, Smith’s lawyer argued that the trial court erred in allowing three other students to testify that they were sexual assaulted by Smith. In a ruling issued on Thursday, a three-judge panel of the Court of Appeal upheld the conviction and sentence. The panel rejected Smith’s claim on appeal that the jury was prejudiced by the testimony of the three other women about incidents for which he was never convicted.

Rape is codified in California under Penal Code Section 261, which defines rape “when an individual engages in sexual intercourse with another person when the sexual act is accomplished (1) against that person’s will, or (2) without that person’s consent.”

If you or a loved one have been charged with a crime, it is imperative that you hire an aggressive, experienced criminal defense firm. Hiring an experienced criminal defense law firm can greatly increase your chances of keeping your freedom. The attorneys at Wallin & Klarich have been helping people for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 for more information.

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