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PEOPLE v. MARTINEZ

Docket No. 3093.

82 Cal.App.3d 1 (1978)

147 Cal. Rptr. 208

THE PEOPLE, Plaintiff and Respondent, v. DAVID RUDY MARTINEZ, Defendant and Appellant.

Court of Appeals of California, Fifth District.

June 22, 1978.

Attorney(s) appearing for the Case

COUNSEL

Carl B. Shapiro, under appointment by the Supreme Court, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Joel Carey, Robert D. Marshall and Paul V. Bishop, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

FRANSON, Acting P.J. —

STATEMENT OF THE CASE

On May 2, 1975, an amended information was filed in the superior court charging appellant with the following crimes: count I, violation of Penal Code section 209, kidnaping for the purpose of robbery where the victim suffered bodily harm, to wit, death; count II, violation of Penal Code section 261, subdivision 2, forcible rape; count III, violation of

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