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PEOPLE v. McELRATH

Docket No. D001809.

175 Cal.App.3d 178 (1985)

220 Cal. Rptr. 698

THE PEOPLE, Plaintiff and Respondent, v. ROY DERRICK McELRATH, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

December 2, 1985.

Attorney(s) appearing for the Case

COUNSEL

Christopher Blake, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Jay M. Bloom, Pat Zaharopoulos and Maxine P. Cutler, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

LEWIS, J.

Roy Derrick McElrath appeals his jury-tried convictions for two counts of forcible rape (Pen. Code,1 § 261, subd. (2)), forcible sodomy (§ 286, subd. (c)) and forcible oral copulation (§ 288a, subd. (c)). The jury found he inflicted great bodily injury in all the above offenses (§ 12022.8) and McElrath used a deadly weapon during one of the rapes (§ 12022.3, subd...

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