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PEOPLE v. BEST

Docket No. 11869.

143 Cal.App.3d 232 (1983)

191 Cal. Rptr. 614

THE PEOPLE, Plaintiff and Respondent, v. RANDALL PATRICK BEST et al., Defendants and Appellants.

Court of Appeals of California, Third District.

May 24, 1983.

Attorney(s) appearing for the Case

COUNSEL

Houston N. Tuel, Jr., under appointment by the Court of Appeal, Coden & Tuel and Emmy J. Allen for Defendants and Appellants.

George Deukmejian and John K. Van de Kamp, Attorneys General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Roger E. Venturi and Charles P. Just, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

EVANS, Acting P.J.

Defendants Best and Hansen were each convicted by a jury of committing rape in concert. (Pen. Code, §§ 261, subd. 2; 264.1.) The substantive issue presented in this appeal is whether Penal Code section 264.1 deals with an enhancement or a crime of substance. Defendants argue that it provides an enhancement and as such the court erred in refusing to strike the enhancement.

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