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PEOPLE v. McEVOY

No. A132360.

215 Cal.App.4th 431 (2013)

154 Cal. Rptr. 3d 914

THE PEOPLE, Plaintiff and Respondent, v. DANIEL RUBEN McEVOY, Defendant and Appellant.

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

April 15, 2013.

Attorney(s) appearing for the Case

Maureen M. Bodo , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Gerald A. Engler , Assistant Attorney General, Eric D. Share and Christopher W. Grove , Deputy Attorneys General, for Defendant and Respondent.

OPINION

KLINE, P. J. —

Daniel Ruben McEvoy appeals from convictions of incest and assault arising from a sexual encounter with his sister. He challenges the constitutionality of California's incest statute as violating his due process rights by criminalizing consensual sexual conduct between adults. We affirm.

STATEMENT OF THE CASE

Appellant was charged by information...

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