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PEOPLE v. ACEVEDO

Docket No. B003090.

166 Cal.App.3d 196 (1985)

212 Cal. Rptr. 328

THE PEOPLE, Plaintiff and Respondent, v. CARLOS CHACON ACEVEDO, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

March 27, 1985.

Attorney(s) appearing for the Case

COUNSEL

Jeffrey J. Stuetz, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Andrew D. Amerson and Susan D. Martynec, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

GILBERT, J.

Defendant Carlos Acevedo appeals his conviction of two counts of rape. (Pen. Code, § 261, subd. (2).)1 Acevedo argues on appeal that (1) the trial judge erred by failing to instruct on the lesser included offenses of attempted rape and assault with the intent to rape; (2) the trial judge erred by failing to instruct the jury that it could not consider both offenses at the same...

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