PEOPLE v. APODACA

Docket No. 2827.

76 Cal.App.3d 479 (1978)

142 Cal. Rptr. 830

THE PEOPLE, Plaintiff and Respondent, v. LARRY APODACA, Defendant and Appellant.

Court of Appeals of California, Fifth District.

January 3, 1978.


Attorney(s) appearing for the Case

COUNSEL

Paul Halvonik, State Public Defender, under appointment by the Court of Appeal, and Gary S. Goodpaster, Chief Assistant State Public Defender, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Eddie T. Keller and Joel Carey, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

GARGANO, J.

After a jury trial in the Superior Court of Fresno County, appellant Larry Apodaca was convicted of the murder of a human fetus (Pen. Code, § 187);1 the jury determined that the murder was of the second degree (§ 189). He also was convicted by the jury of rape by threats of great and immediate bodily harm (§ 261, subd. 3), and of assault by means of force likely to produce...

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