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PEOPLE v. JOINER

Docket No. A039401.

204 Cal.App.3d 221 (1988)

251 Cal. Rptr. 63

THE PEOPLE, Plaintiff and Respondent, v. EUGENE JOINER, Defendant and Appellant.

Court of Appeals of California, First District, Division Five.

August 30, 1988.

Attorney(s) appearing for the Case

COUNSEL

Harvey R. Zall, State Public Defender, under appointment by the Court of Appeal, and Peter R. Silten, Deputy State Public Defender, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, John H. Sugiyama, Assistant Attorney General, David D. Salmon and Peter Crook, Deputy Attorneys General, for Plaintiff and Respondent.

[Opinion certified for partial publication.*]

OPINION

KING, J.

In this case we hold that where the trial court erroneously failed to instruct the jury that penetration is an essential element of the crime of sodomy, the "Cantrell-Thornton" exception to per se reversal (People v. Garcia (1984) 36 Cal.3d 539, 555-557 [

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