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PEOPLE v. GRAY

Docket No. 12984.

259 Cal.App.2d 846 (1968)

66 Cal. Rptr. 654

THE PEOPLE, Plaintiff and Respondent, v. CHARLES FRED GRAY, Defendant and Appellant.

Court of Appeals of California, Second District, Division Four.

March 8, 1968.

Attorney(s) appearing for the Case

C. Ransom Samuelson and Harry Moss for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and James H. Kline, Deputy Attorney General, for Plaintiff and Respondent.

FILES, P.J.

A jury convicted defendant of the offenses of kidnaping (Pen. Code, § 207) and forcible rape (Pen. Code, § 261, subd. 3). The trial court sentenced defendant to state prison on the rape count. Since the two offenses arose out of a single course of action, the execution of the sentence for kidn ping was suspended to avoid the double punishment prohibited by Penal Code section 654. (See In re Wright, 65 Cal.2d 650

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