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PEOPLE v. MISTRETTA

Docket No. 3431.

221 Cal.App.2d 42 (1963)

34 Cal. Rptr. 365

THE PEOPLE, Plaintiff and Respondent, v. DAVID WAYNE MISTRETTA et al., Defendants and Appellants.

Court of Appeals of California, Third District.

October 8, 1963.

Attorney(s) appearing for the Case

Peter Fetros, under appointment by the District Court of Appeal, for Defendants and Appellants.

Stanley Mosk, Attorney General, Doris H. Maier, Assistant Attorney General, and Edward A. Hinz, Jr., Deputy Attorney General, for Plaintiff and Respondent.

SCHOTTKY, J.

David Wayne Mistretta and Jerry Albert Mitzlaff were each indicted for kidnaping for the purpose of robbery (Pen. Code, § 209), robbery (Pen. Code, § 211), forcible rape (Pen. Code, § 261), and aiding and abetting in forcible rape. They each entered a plea of guilty to simple kidnaping (Pen. Code, § 207), forcible rape, and robbery in the second degree. The trial judge ordered the sentences on the robbery convictions to run consecutively...

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