PEOPLE v. BATEY

Docket No. C003649.

213 Cal.App.3d 582 (1989)

261 Cal. Rptr. 674

THE PEOPLE, Plaintiff and Respondent, v. EDWARD JOHNSTON BATEY, Defendant and Appellant.

Court of Appeals of California, Third District.

August 25, 1989.


Attorney(s) appearing for the Case

COUNSEL

William A. Davis, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, W. Scott Thorpe, Assistant Attorney General, and Mary Jane Hamilton, Deputy Attorney General, for Plaintiff and Respondent.


[Opinion certified for partial publication.*]

OPINION

DAVIS, J.

Defendant was convicted by a jury of assault with intent to commit rape. (Pen. Code § 220.) The jury also found that the defendant personally used a deadly weapon. (Pen. Code, § 12022, subd. (b) (now subd. (d).) Defendant was sentenced to the aggravated term of six years, plus one year for the use of a deadly weapon. Defendant...

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