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PEOPLE v. BUTTERFIELD

Docket No. 416.

258 Cal.App.2d 586 (1968)

65 Cal. Rptr. 765

THE PEOPLE, Plaintiff and Respondent, v. ROBERT ALAN BUTTERFIELD, Defendant and Appellant.

Court of Appeals of California, Fifth District.

February 2, 1968.

Attorney(s) appearing for the Case

Robert C. Dalton, Jr., under appointment by the Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, Doris H. Maier, Assistant Attorney General, Raymond M. Momboisse and Philip R. Birney, Deputy Attorneys General, for Plaintiff and Respondent.

GARGANO, J.

Defendant, a 19-year-old boy, was convicted of oral copulation in violation of Penal Code section 288a. The jury, by a special verdict, also found that the crime was accomplished by means of force and violence, thereby invoking the mandatory three-year prison sentence prescribed by section 288a. The court denied defendant's application for probation and committed him to the California Youth Authority for...

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