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PEOPLE v. BRUCE

Docket No. A041253.

208 Cal.App.3d 1099 (1989)

256 Cal. Rptr. 647

THE PEOPLE, Plaintiff and Respondent, v. ROBERT DEAN BRUCE, Defendant and Appellant.

Court of Appeals of California, First District, Division Four.

March 20, 1989.

Attorney(s) appearing for the Case

COUNSEL

Harvey R. Zall, State Public Defender, under appointment by the Court of Appeal, Peter R. Silten, Chief Assistant State Public Defender, and Susan M. Kwan, Deputy State Public Defender, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, John H. Sugiyama, Assistant Attorney General, Aileen Bunney and Brenda P. Reyes, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

CHANNELL, J.

A jury convicted appellant Robert Dean Bruce of forcible rape. (Pen. Code, § 261, subd. (2).) Sentenced to 13 years in state prison, he appeals, contending that the trial court erred by admitting evidence of a prior rape conviction to prove whether his present victim consented to intercourse. We agree and reverse the judgment.

I. FACTS

On the night of March 23-24, 1987, L.A. went with a...

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