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PEOPLE v. SANTIBANEZ

Docket No. 3223.

91 Cal.App.3d 287 (1979)

154 Cal. Rptr. 74

THE PEOPLE, Plaintiff and Respondent, v. STEPHEN FRANK SANTIBANEZ, Defendant and Appellant.

Court of Appeals of California, Fifth District.

March 29, 1979.

Attorney(s) appearing for the Case

COUNSEL

Philip C. Blanton, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger and George Deukmejian, Attorneys General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Willard F. Jones and Jane Kirkland Fischer, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

FRANSON, J.

Appellant appeals his conviction following a plea of nolo contendere to violation of Penal Code section 288a, subdivision (e) — participating in an act of oral copulation while confined in the Kern County jail.1 Appellant's sole contention is that the statute is unconstitutional in that it violates his fundamental right of sexual privacy, denies him equal protection of the law...

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