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PEOPLE v. FLORES

Docket No. 37945.

115 Cal.App.3d 924 (1981)

171 Cal. Rptr. 777

THE PEOPLE, Plaintiff and Respondent, v. ARMANDO FLORES, Defendant and Appellant.

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

February 17, 1981.

Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, J. Courtney Shevelson, Deputy State Public Defender, and Richard Gomez-Hernandez, Acting Deputy State Public Defender, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Shunji Asari and Mark Alan Hart, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

COMPTON, J.

Armando Flores was convicted by plea of violating Penal Code section 288a, subdivision (b)(2), in that being over the age of 21 years he committed an act of oral copulation with a person less than 16 years old. He was sentenced to state prison for three years and appeals contending: "The trial court erred in imposing the upper term."

Appellant's three-year...

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