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PEOPLE v. MONTERO

Docket No. D003482.

185 Cal.App.3d 415 (1986)

229 Cal. Rptr. 750

THE PEOPLE, Plaintiff and Respondent, v. RALPH MONTERO, Defendant and Appellant.

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

September 10, 1986.

Attorney(s) appearing for the Case

COUNSEL

Handy Horiye, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, M. Howard Wayne and Jesus Rodriguez, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BUTLER, J.

Ralph Montero was convicted by a jury of five counts of forcible rape (Pen. Code,1 § 261, subd. (2)), five counts of unlawful sexual intercourse (§ 261.5) and one count of committing a lewd and lascivious act upon Marianna D., a child under 14 years of age (§ 288, subd. (b)). The jury hung on a forcible rape charge involving Marianna's sister Christina. The court declared...

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