PEOPLE v. LUCERO

Docket No. F002215.

154 Cal.App.3d 245 (1984)

201 Cal. Rptr. 99

THE PEOPLE, Plaintiff and Respondent, v. TOMAS PHILLIP LUCERO, Defendant and Appellant.

Court of Appeals of California, Fifth District.

April 6, 1984.


Attorney(s) appearing for the Case

COUNSEL

Roger Harden Spaulding, under appointment by the Court of Appeal, and Stone & Spaulding for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Willard F. Jones and William George Prahl, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

WOOLPERT, J.

When should the court return a father to the home in which he has sexually abused his daughter for years, rather than sentence him to prison? Only when the sentencing judge, after careful consideration of the law which permits that course of action, determines with confidence that all the statutory requirements have been met and penal confinement is not the more appropriate disposition. In this case the court...

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