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PEOPLE v. LINDSEY

Docket No. 31489.

84 Cal.App.3d 851 (1978)

149 Cal. Rptr. 47

THE PEOPLE, Plaintiff and Respondent, v. TONEY LEE LINDSEY, Defendant and Appellant.

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

September 14, 1978.

Attorney(s) appearing for the Case

COUNSEL

Gary K. Olsen, 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, James H. Kline and Donald J. Oeser, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

STEPHENS, J.

After a trial by jury, defendant Toney Lee Lindsey was found guilty of having committed violations of Penal Code1 section 288a, subdivision (c) (oral copulation by force — count I) and section 459 (burglary first degree — count II), with a finding, pursuant to section 461, that defendant with the intent to do so inflicted great bodily injury during

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