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PEOPLE v. RINCON-PINEDA

Docket No. Crim. 18510.

14 Cal.3d 864 (1975)

538 P.2d 247

123 Cal. Rptr. 119

THE PEOPLE, Plaintiff and Respondent, v. LEONARDO RINCON-PINEDA, Defendant and Appellant.

Supreme Court of California. In Bank.

July 31, 1975.

Attorney(s) appearing for the Case

COUNSEL

Richard S. Buckley, Public Defender, Harold E. Shabo, Sam Gordon and Martin Stein, Deputy Public Defenders, for Defendant and Appellant.

Marvin W. Friedman as Amicus Curiae on behalf of Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Norman H. Sokolow and William V. Ballough, Deputy Attorneys General, for Plaintiff and Respondent.

Mildred W. Levin, Jettie Pierce Selvig, Camille E. LeGrand, Jill Jakes, Fred Okrand, Mark D. Rosenbaum and Daniel C. Lavery as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

WRIGHT, C.J.

The judgment here under review arose from the wanton and brutal rape of a young woman who lived alone near defendant's temporary residence. As is often typical of such a crime, it was witnessed by no one other than the victim and the rapist. Owing to this circumstance, to the trauma inflicted on the victim and to legal principles of long standing legitimacy, the treatment of the victim during the prosecution of...

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