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PEOPLE v. CLEM

Docket No. 18771.

104 Cal.App.3d 337 (1980)

163 Cal. Rptr. 553

THE PEOPLE, Plaintiff and Respondent, v. DANNY RAY CLEM, Defendant and Appellant.

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

April 9, 1980.

Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, and Wendy Shane, Deputy State Public Defender, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Thomas A. Brady and Laurence K. Sullivan, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

SMITH, J.

Defendant is appealing his conviction by a jury of five counts of rape by force and threat (Pen. Code, § 261, subds. 2, & 3), as well as misdemeanor assault (Pen. Code, § 240), misdemeanor petty theft (Pen. Code, §§ 484-488), and false imprisonment (Pen. Code, § 236).

Upon finding the defendant to be a mentally disordered sex offender, the court committed him to a state hospital...

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