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PEOPLE v. SIMS

Docket No. 27889.

64 Cal.App.3d 544 (1976)

134 Cal. Rptr. 566

THE PEOPLE, Plaintiff and Respondent, v. EUGENE EVANS SIMS, Defendant and Appellant.

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

December 3, 1976.

Attorney(s) appearing for the Case

COUNSEL

Paul Arthur Turner, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Edward T. Fogel, Jr., and Carol Wendelin Pollack, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

HASTINGS, J.

In a jury trial the defendant Eugene Sims was convicted of rape in violation of Penal Code section 261, subdivision 3 and kidnaping in violation of Penal Code section 207. Probation was denied and as to each count defendant was sentenced to the state prison for the term prescribed by law; the sentence as to Count II was stayed pending appeal, said stay to become permanent upon a judgment affirming the conviction...

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