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PEOPLE v. RHOADES

Docket No. C001293.

193 Cal.App.3d 1362 (1987)

238 Cal. Rptr. 909

THE PEOPLE, Plaintiff and Respondent, v. ROBERT RHOADES, Defendant and Appellant.

Court of Appeals of California, Third District.

July 31, 1987.

Attorney(s) appearing for the Case

COUNSEL

Frank O. Bell, Jr., State Public Defender, under appointment by the Court of Appeal, and David Y. Stanley, Deputy State Public Defender, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, Joel Carey and Garrett Beaumont, Deputy Attorneys General, for Plaintiff and Respondent.

[Opinion certified for partial publication.*]

OPINION

DEEGAN, J.*

In the published portion of this opinion we consider and reject the claim that a defendant charged with forcible oral copulation is always entitled to a sua sponte instruction concerning his reasonable belief that the victim consented whenever a defense of consent is presented. Instead, we hold that there...

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