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PEOPLE v. MARTINEZ

Docket No. 34981.

109 Cal.App.3d 851 (1980)

167 Cal. Rptr. 477

THE PEOPLE, Plaintiff and Respondent, v. MANUEL MARTINEZ, Defendant and Appellant.

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

August 28, 1980.

Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, Jerry Smilowitz and J. Courtney Shevelson, Deputy State Public Defenders, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Shunji Asari, Juliet H. Swoboda and Cynthia Waldman, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

KINGSLEY, J.

Defendant was charged with, and after a trial by jury was convicted of: (count I) assault with intent to commit rape, in violation of section 220 of the Penal Code; and (count II) false imprisonment with force and violence, in violation of section 236 of the Penal Code. Use of a deadly weapon was charged and found true as to both counts. Three alleged priors were alleged. He was sentenced as follows: "The defendant...

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