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PEOPLE v. PEGGESE

Docket No. 35109.

102 Cal.App.3d 415 (1980)

162 Cal. Rptr. 510

THE PEOPLE, Plaintiff and Respondent, v. EUGENE PEGGESE, Defendant and Appellant.

Court of Appeals of California, Second District, Division Four.

February 21, 1980.

Attorney(s) appearing for the Case

COUNSEL

Eugene Peggese, in pro. per., and Thomas Kallay, under appointment by the Court of Appeal, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, William R. Weisman and Robert R. Anderson, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BURKE (M.L.), J.*

Defendant was convicted by a jury of one count of rape (Pen. Code, § 261, subds. 2 and 3) and sentenced to state prison. He appeals.

Upon awakening at about 6 a.m. on July 21, 1978, the victim, Mrs. Hendricks (56 years old), and her husband both dressed and Mr. Hendricks left the hotel room where they had been staying to get them some food. The cafe where Mr. Hendricks...

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