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PEOPLE v. LUSK

Docket No. G001440.

170 Cal.App.3d 764 (1985)

216 Cal. Rptr. 544

THE PEOPLE, Plaintiff and Appellant, v. DON LEE LUSK, JR., Defendant and Respondent.

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

July 29, 1985.

Attorney(s) appearing for the Case

COUNSEL

Cecil Hicks, District Attorney, Michael R. Capizzi, Assistant District Attorney, William W. Bedsworth and Kaz Makino, Deputy District Attorneys, for Plaintiff and Appellant.

Wallin, Roseman & Talmo, Wallin, Roseman & Klarick, Ronald V. Talmo and Paul J. Wallin for Defendant and Respondent.

OPINION

McLAUGHLIN, J.*

The People appeal1 from the superior court's order modifying 22 counts of an information from Penal Code section 288, subdivision (b) to the lesser offenses of section 288, subdivision (a). We must determine whether preventing resistance by causing a victim to be drugged constitutes use of force within the meaning of section 288, subdivision (b). We...

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