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PEOPLE v. HAYNES

Docket No. 43686.

148 Cal.App.3d 1117 (1983)

196 Cal. Rptr. 450

THE PEOPLE, Plaintiff and Respondent, v. ULMAN LYNN HAYNES, Defendant and Appellant.

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

November 17, 1983.

Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, and Nancy Gaynor, Deputy State Public Defender, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Norman H. Sokolow and Howard J. Schwab, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

GATES, J.

Ulman Lynn Haynes appeals from the judgment entered following his conviction by jury of rape (Pen. Code, § 261, subd. (2); count II), oral copulation (Pen. Code, § 288a, subd. (c); count III), and sodomy (Pen. Code, § 286, subd. (c); count IV). He contends: "As this was a close case in which there was no prosecution evidence that appellant failed to explain or deny, delivery of CALJIC No. 2.62 constituted...

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