How has the jury been instructed to consider penalty and punishment in determining guilt in a sexual assault case?

Furthermore, the trial court promptly admonished the jury it was not to consider penalty and punishment in determining guilt. It also told any juror who had read ahead to ignore the text stricken from the new transcript of the audio tape. This court is entitled to presume that jurors comprehend and accept a trial court's directions and that they generally understand and faithfully follow a trial court's instructions. (People v. Mickey (1991) 54 Cal.3d 612, 689, fn. 17.)

Page 11

The evidence of appellant's guilt was persuasive.

This record fails to demonstrate prejudice, a necessary element of a claim of ineffective trial counsel.