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PEOPLE v. ROMERO

Docket No. A019382.

171 Cal.App.3d 1149 (1985)

215 Cal. Rptr. 634

THE PEOPLE, Plaintiff and Respondent, v. BENJAMIN DIEGO ROMERO, Defendant and Appellant.

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

July 5, 1985.

Attorney(s) appearing for the Case

COUNSEL

Madeline McDowell, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, and Ann K. Jensen, Deputy Attorney General, for Plaintiff and Respondent.

OPINION

SMITH, J.

Benjamin Diego Romero appeals from a conviction of rape by force (Pen. Code, § 261, subd. (2)) and oral copulation by force (§ 288a, subd. (c)).

The complaining witness, Mrs. M., testified that she left her boyfriend's home in Pittsburg about 9:30 p.m. on August 10, 1981. She had only driven a few miles toward her home in Pacheco when the car "popped out of gear." The transmission would not reengage...

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