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PEOPLE v. CHAVEZ

Docket No. 3037.

262 Cal.App.2d 422 (1968)

68 Cal. Rptr. 759

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

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

May 23, 1968.

Attorney(s) appearing for the Case

Edward P. Foley, under appointment by the Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and A. Barry Cappello, Deputy Attorney General, for Plaintiff and Respondent.

McGOLDRICK, J. pro tem.*

Defendant Chavez was convicted of violating Penal Code, section 207 (kidnaping) and Penal Code, section 261, subdivision 3 (rape). His trial was severed from defendant Chastain. The jury found him not guilty of the charge of rape but guilty of the charge of kidnaping. Probation was denied and he was sentenced to state prison. From this judgment, he appeals.

The evidence can be summarized as follows:

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