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PEOPLE v. HAMPTON

Docket No. 20756.

118 Cal.App.3d 324 (1981)

173 Cal. Rptr. 268

THE PEOPLE, Plaintiff and Respondent, v. RICHARD ALLEN HAMPTON et al., Defendants and Appellants.

Court of Appeals of California, First District, Division Three.

April 23, 1981.

Attorney(s) appearing for the Case

COUNSEL

George L. Schraer, Quin Denvir, State Public Defender, under appointments by the Court of Appeal, and Alice V. Collins, Deputy State Public Defender, for Defendants and Appellants.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Edward P. O'Brien and William D. Stein, Assistant Attorneys General, Clifford K. Thompson, Jr., and Ann K. Jensen, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

SCOTT, J.

Richard Hampton and his codefendant Eugene Lewis Pinchback were convicted of violation of Penal Code section 261, subdivision 3 (rape by threats of force). Pinchback was additionally convicted of violation of Penal Code section 288a, subdivision (c) (unlawful oral copulation). The sole issue on appeal is whether the court erred in failing to instruct sua sponte on the defense of a reasonable and good faith...

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