PEOPLE v. PETERSON

Docket No. 12657.

126 Cal.App.3d 396 (1981)

178 Cal. Rptr. 734

THE PEOPLE, Plaintiff and Respondent, v. ROGER RAY PETERSON, Defendant and Appellant.

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

December 3, 1981.


Attorney(s) appearing for the Case

COUNSEL

Philip R. Clarkson, under appointment by the Court of Appeal, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, A. Wells Petersen and Keith I. Motley, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

GARDNER, P.J.

Defendant was convicted of oral copulation with a person under 18 years of age. He testified to a reasonable belief that the victim was over 18 and requested an instruction that this was a valid defense under the rationale of People v. Hernandez (1964) 61 Cal.2d 529 [39 Cal.Rptr. 361, 393 P.2d 673

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