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PEOPLE v. BUTLER

Docket No. 7592.

47 Cal.App.3d 273 (1975)

120 Cal. Rptr. 647

THE PEOPLE, Plaintiff and Respondent, v. ALLEN EDWARD BUTLER, Defendant and Appellant.

Court of Appeals of California, Third District.

April 16, 1975.

Attorney(s) appearing for the Case

COUNSEL

George H. DuFort and Eric J. Bathen, Jr., under appointments by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Willard F. Jones and William G. Prahl, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

JANES, J.

Defendant was charged by information with oral copulation (Pen. Code, § 288a), attempted forcible rape (Pen. Code, §§ 261, subd. 2, 664), and attempted rape by threat of harm (Pen. Code, §§ 261, subd. 3, 664). (1) (See fn. 1.) He was convicted by jury on the charges of oral copulation and attempted forcible rape. Sentenced to state prison on both counts,1

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