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PEOPLE v. KILPATRICK

Docket No. 10322.

105 Cal.App.3d 401 (1980)

164 Cal. Rptr. 349

THE PEOPLE, Plaintiff and Respondent, v. HENRY KILPATRICK, Defendant and Appellant.

Court of Appeals of California, Third District.

May 1, 1980.

Attorney(s) appearing for the Case

COUNSEL

Richard B. Parnell, under appointment by the Court of Appeal, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Charles P. Just, Charles J. James and David DeAlba, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

GROSSFELD, J.*

Convicted by a jury of kidnaping (Pen. Code, § 207), rape (Pen. Code, § 261, subd. 3), and oral copulation (Pen. Code, § 288a) with a finding of a prior felony conviction subject to enhancement under Penal Code section 667.5, subdivision (b), defendant appeals. He asserts reversible error (1) in the failure to exclude evidence seized from his automobile without a warrant...

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