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PEOPLE v. ARMBRUSTER

Docket No. 12901.

163 Cal.App.3d 660 (1985)

210 Cal. Rptr. 11

THE PEOPLE, Plaintiff and Respondent, v. ALLEN RAY ARMBRUSTER, Defendant and Appellant.

Court of Appeals of California, Third District.

January 14, 1985.

Attorney(s) appearing for the Case

COUNSEL

Richard K. Uno, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Charles P. Just and Eddie T. Keller, Deputy Attorneys General, for Plaintiff and Respondent.

[Opinion certified for partial publication.*]

OPINION

PUGLIA, P.J.

A jury convicted defendant of forcible rape (Pen. Code, § 261, subd. (2)), and the trial court imposed the middle term of six years in state prison. On appeal, defendant challenges the constitutionality of Penal Code section 1112 which prohibits the trial court from ordering...

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