PEOPLE v. OGUNMOLA

Docket No. Crim. 24172.

39 Cal.3d 120 (1985)

701 P.2d 1173

215 Cal. Rptr. 855

THE PEOPLE, Plaintiff and Respondent, v. OLUFEMI BABATUNDE OGUNMOLA, Defendant and Appellant.

Supreme Court of California.

July 25, 1985.


Attorney(s) appearing for the Case

COUNSEL

Weitzman & Re, Weitzman, Fidler & Re, Howard L. Weitzman, Donald M. Re and Gina Putkoski for Defendant and Appellant.

Dennis A. Fischer and Kathleen C. Caverly as Amici Curiae on behalf of Defendant and Appellant.

John K. Van de Kamp, Attorney General, Gary R. Hahn and Robert R. Anderson, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

KAUS, J.

I

Defendant, a board-certified gynecologist and obstetrician, was charged with and convicted of raping two patients — DC and BK — while they were "unconscious of the nature of the act." (Pen. Code, § 261, subd. (4).) At the trial the prosecution was permitted to introduce evidence of similar incidents with two other patients —...

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