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PEOPLE v. CLARK

Docket No. 11436.

109 Cal.App.3d 88 (1980)

167 Cal. Rptr. 51

THE PEOPLE, Plaintiff and Respondent, v. DION RENE CLARK, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

August 11, 1980.

Attorney(s) appearing for the Case

COUNSEL

Appellate Defenders, Inc., under appointment by the Court of Appeal, and Handy Horiye for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Richard D. Garske, Michael D. Wellington and Jay M. Bloom, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

WIENER, J.

(1) In People v. Guthreau (1980) 102 Cal.App.3d 436 [162 Cal.Rptr. 376], we held the testimony from a "rape expert" was inadmissible in a criminal prosecution for forcible rape (Pen. Code, § 261, subd. 2). We explained the issue is not whether in some abstract sense the victim's resistance was reasonable...

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