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PEOPLE v. DIGGS

Docket No. 19718.

112 Cal.App.3d 522 (1980)

169 Cal. Rptr. 386

THE PEOPLE, Plaintiff and Respondent, v. DONALD DIGGS, Defendant and Appellant.

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

November 25, 1980.

Attorney(s) appearing for the Case

COUNSEL

Patricia Stern Green, under appointment by the Court of Appeal, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, William D. Stein and John W. Runde, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

RHODES, J.*

Donald Diggs was charged in an information filed November 8, 1978, with assault with intent to commit rape in violation of Penal Code section 220. The charge was based on the following facts.

On September 8, 1978, Susan A. went with some friends to Neptune's Table, a cocktail lounge on Fisherman's Wharf in Monterey, arriving at approximately 11:30 p.m. Soon afterward, she went...

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