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PEOPLE v. DUENS

Docket No. 28591.

64 Cal.App.3d 310 (1976)

134 Cal. Rptr. 341

THE PEOPLE, Plaintiff and Respondent, v. LUIS JOE DUENS, Defendant and Appellant.

Court of Appeals of California, Second District, Division Four.

November 29, 1976.

Attorney(s) appearing for the Case

COUNSEL

Jeffrey Adrian Villagran, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Juliet H. Swoboda and William R. Weisman, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

JEFFERSON (Bernard), J.

(1) By information, defendant was charged with the offense of assault with intent to commit rape, in violation of Penal Code section 220. Defendant entered a plea of not guilty.

Thereafter, defendant waived his right to a jury trial and consented to a court trial with a partial submission of the case on the preliminary hearing transcript. The parties stipulated that the testimony...

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