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PEOPLE v. McCARTHY

Docket No. 12136.

110 Cal.App.3d 296 (1980)

167 Cal. Rptr. 772

THE PEOPLE, Plaintiff and Respondent, v. KEVIN JOSEPH McCARTHY, Defendant and Appellant.

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

September 16, 1980.

Attorney(s) appearing for the Case

COUNSEL

Suzan E. Boatman, under appointment1 by the Court of Appeal, and Philip R. Clarkson for Defendant and Appellant.

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

OPINION

GARDNER, P.J.

Defendant was found guilty by a jury of two counts of violation of Penal Code section 288, one of rape and one of violation of Penal Code section 288a. A jury found him to have been sane at the time of the offense. The court found that he was not an mentally disordered sex offender (MDSO) and sentenced him to prison.

Defendant raped 12-year-old Kathleen...

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