PEOPLE v. HOWARD

Docket No. 14093.

117 Cal.App.3d 53 (1981)

172 Cal. Rptr. 539

THE PEOPLE, Plaintiff and Respondent, v. ROBERT LEE HOWARD, Defendant and Appellant.

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

March 18, 1981.


Attorney(s) appearing for the Case

COUNSEL

Charles E. Ward, Public Defender, Andrew E. Rubin and Littleton M. Gunn, Deputy Public Defenders, 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 Jay M. Bloom, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

GARDNER, P.J.

Defendant was on probation for violation of Penal Code section 288. He was found in violation of probation for violation of law, i.e., sodomizing and orally copulating an 18-year-old mentally retarded man.

The victim, nineteen-year-old Kenyon W., acted as though he were five to seven years of age; his reading level was on the first or second grade level; and he spoke as if he were a six- or eight-year...

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