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  5. 224 Cal.App.3d 932 (1990)
 

PEOPLE v. EVERETT

Docket No. G008279.

224 Cal.App.3d 932 (1990)

274 Cal. Rptr. 429

THE PEOPLE, Plaintiff and Respondent, v. BRUCE MAYNARD EVERETT, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

September 25, 1990.

Attorney(s) appearing for the Case

COUNSEL

Stuart L. Stein, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Richard B. Iglehart, Chief Assistant Attorney General, Harley D. Mayfield, Assistant Attorney General, Robert M. Foster and Carl H. Horst, Deputy Attorneys General, for Plaintiff and Respondent.

[Opinion certified for partial publication.*]

OPINION

SONENSHINE, Acting P.J.

Bruce Maynard Everett appeals from the denial of his motion for a new trial (Pen. Code, § 1181, subd. 9) and a sentence to the upper term of eight years for forcible rape (Pen. Code, § 261, subd. (2)), plus a consecutive three-year enhancement for use of a weapon (Pen. Code, § 12022.3, subd. (a)).

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