PEOPLE v. ARMENTA

Docket No. 20156.

22 Cal.App.3d 823 (1972)

99 Cal. Rptr. 736

THE PEOPLE, Plaintiff and Respondent, v. JOHN HENRY ARMENTA, Defendant and Appellant.

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

January 12, 1972.


Attorney(s) appearing for the Case

COUNSEL

George, Fritz, Calof & Mills, McCabe, George & Fritz, Cecil J. Mills, Schaffer & Fries and Benson Schaffer for Defendant and Appellant.

Evelle J. Younger, Attorney General, William E. James, Assistant Attorney General, and Robert W. Carney, Deputy Attorney General, for Plaintiff and Respondent.


OPINION

KAUS, P.J.

After a court trial defendant was convicted of forcible rape (Pen. Code, § 261, subd. 3) and first degree burglary (Pen. Code, § 459). Following a 90-day period of observation pursuant to section 1203.3 of the Penal Code, probation was denied and defendant was sentenced to prison. He appeals.

FACTS

In the early morning hours of August 30, 1970, the victim, Mrs. A., was asleep, as usual...

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