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PEOPLE v. JAMES

Docket No. 34374.

102 Cal.App.3d 728 (1980)

162 Cal. Rptr. 548

THE PEOPLE, Plaintiff and Respondent, v. THEOPHILOUS JAMES, Defendant and Appellant.

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

February 25, 1980.

Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, Charles M. Sevilla, Chief Assistant State Public Defender, Donald L.A. Kerson and F. Elaine Easley, Deputy State Public Defenders, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Norman H. Sokolow and William V. Ballough, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BEACH, J.

A jury found appellant guilty of kidnaping (Pen. Code, § 207), rape (Pen. Code, § 261, subds. 2 and 3), oral copulation (Pen. Code, § 288a) and sodomy (Pen. Code, § 286). The trial court sentenced appellant to state prison. Appellant appeals from the judgment of conviction.

ISSUES AND HOLDING:

In this case we are asked to determine the following questions:

1. (1...

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