For what he was actually charged and convicted of, his sentencing is actually within the guidelines for the state of California. Even a felony assault conviction has an "Up to a year in prison" portion tacked onto it. He was definitely given an easy sentence, but people saying the judge acted outside the realm of the law are simply not correct. Blame a lack of minimum sentencing for assault cases(or the prosecution for failing to get a higher charge because it didn't look like he was convicted of rape rape but about as close as you can be to it. Actually rape rape has a minimum sentence of several years and assault can include penetration, but not intercourse which is where it becomes rape according to California law).
http://statelaws.findlaw.com/califor...ault-laws.html
http://statelaws.findlaw.com/califor...rape-laws.html
What he was convicted of was intent to rape of an unconscious person and several counts of penetration, but that seems very specific without saying flat out rape which is leading to some confusion on my part and the links don't seem to provide any real definition for what counts for intercourse.
From the defendent's perspective why he's appealing at all is boggling my mind. He's getting off so easy, I question his sanity. It's not out of the realm of possibility for him to actually get a harsher sentence in the appeal and he won't have the same judge. His case is really weak overall. There are key witnesses. He was caught fleeing the scene(which shows an awareness on his part of what he did). Yes, he may have been intoxicated himself but that's not an excuse according to the law.