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PEOPLE v. ROSCOE

Docket No. F002466.

168 Cal.App.3d 1093 (1985)

215 Cal. Rptr. 45

THE PEOPLE, Plaintiff and Respondent, v. NELSON J. ROSCOE, Defendant and Appellant.

Court of Appeals of California, Fifth District.

June 4, 1985.

Attorney(s) appearing for the Case

COUNSEL

Frank O. Bell, Jr., State Public Defender, under appointment by the Court of Appeal, and Harvey R. Zall, Deputy State Public Defender, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Roger E. Venturi and Anthony L. Dicce, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

TUTTLE, J.*

Defendant appeals from his March 9, 1983, conviction (following a jury trial) of violation of Penal Code sections 288a, subdivision (b)(2) (oral copulation with a person under 16) and 286, subdivision (b)(2) (sodomy with a person under 16).

The sole question before us is whether or not the trial court violated the rule of

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