PEOPLE v. VELA

Docket No. F002772.

172 Cal.App.3d 237 (1985)

218 Cal. Rptr. 161

THE PEOPLE, Plaintiff and Respondent, v. DAVID HERBERTO VELA, Defendant and Appellant.

Court of Appeals of California, Fifth District.

September 17, 1985.


Attorney(s) appearing for the Case

COUNSEL

Dominic P. Eyherabide, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, and Joel Carey, Deputy Attorney General, for Plaintiff and Respondent.


OPINION

BEST, J.

"Once penetration has occurred with the female's consent, if the female changes her mind does force from that point (where she changes her mind) constitute rape?"

On this appeal we must determine the answer to the above question and the effect of the trial court's failure to provide the jury with the correct answer.

Defendant, then 19 years of age, was charged with the forcible rape of Miss M., then...

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