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PEOPLE v. NEWTON

Docket No. 31401.

107 Cal.App.3d 568 (1980)

166 Cal. Rptr. 60

THE PEOPLE, Plaintiff and Respondent, v. JOHN MICUA NEWTON, Defendant and Appellant.

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

June 26, 1980.

Attorney(s) appearing for the Case

COUNSEL

Henry Sack, 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, Edward T. Fogel, Jr., and Richard L. Walker, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

JEFFERSON (Bernard), P.J.

In this case before us defendant was charged with committing on February 26, 1976, the felony offense of rape in violation of Penal Code section 261, subdivision (3). It was alleged in the information that defendant had suffered two prior felony convictions: a 1967 conviction of the crime of robbery (Pen. Code, § 211) and a 1972 conviction of a violation of Health and Safety Code section 11531...

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