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PEOPLE v. McINTYRE

Docket No. 11604.

115 Cal.App.3d 899 (1981)

176 Cal. Rptr. 3

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL JAMES McINTYRE, Defendant and Appellant.

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

February 13, 1981.

Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, Jeffrey J. Stuetz and David A. Kay, Deputy State Public Defender, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Richard D. Garske and A. Wells Petersen, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

COLOGNE, Acting P.J.

Michael James McIntyre was charged with forcible rape (Pen. Code, § 261, subd. 2),1 forcible oral copulation (§ 288a, subd. (c)) and two counts of first degree burglary (§ 459). After a jury trial, he was found guilty on all counts and the burglaries fixed at first degree. Proceedings were suspended and on January 3, 1979, McIntyre was committed to Patton State...

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