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PEOPLE v. GREENBERG

Docket No. 10936.

111 Cal.App.3d 181 (1980)

168 Cal. Rptr. 416

THE PEOPLE, Plaintiff and Respondent, v. ROBERT GREENBERG, Defendant and Appellant.

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

October 15, 1980.

Attorney(s) appearing for the Case

COUNSEL

Arthur P. Lindars, under appointment by the Court of Appeal, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Michael D. Wellington and Bruce Daniel Rosen, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

GARDNER, P.J.

Defendant was convicted of oral copulation in violation of Penal Code section 288a. The jury found it to be true that the crime was committed on a minor under 14 years of age and that the victim was more than 10 years younger than the person who committed the act upon her. This brought into play Penal Code section 288a, subdivision (c) which carries a greater punishment than the same offense without proof of...

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