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PEOPLE v. WHITE

No. S228049.

2 Cal.5th 349 (2017)

THE PEOPLE, Plaintiff and Respondent, v. BILLY CHARLES WHITE, Defendant and Appellant.

Supreme Court of California.

January 19, 2017.

Attorney(s) appearing for the Case

Raymond Mark DiGuiseppe , under appointment by the Supreme Court, and Theresa Osterman Stevenson , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette and Gerald A. Engler , Chief Assistant Attorneys General, Julie L. Garland , Assistant Attorney General, Steven T. Oetting , Lise Jacobson , Melissa Mandel , Meredith S. White and A. Natasha Cortina , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

(1) We must decide whether a jury properly convicted defendant Billy Charles White of both rape of an intoxicated person under Penal Code section 261, subdivision (a)(3), and rape of an unconscious person under Penal Code section 261, subdivision (a)(4)(A), when the

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