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PEOPLE v. LOPEZ

Docket No. 14190.

116 Cal.App.3d 882 (1981)

172 Cal. Rptr. 374

THE PEOPLE, Plaintiff and Respondent, v. ROBERT DOMINGUEZ LOPEZ, Defendant and Appellant.

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

March 12, 1981.

Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, and Janice L. Feinstein, 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, Jay M. Bloom and Jesus Rodriguez, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

GARDNER, P.J.

In this case we hold that to sustain a finding of acting in concert in forcible rape there is no requirement that the defendant either personally participate in the physical act or be personally present during the physical act.

Defendant was convicted of three counts of robbery (Pen. Code § 211) and one count of forcible rape while acting in concert (Pen. Code § 261, subd. 2). Armed and use...

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