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PEOPLE v. GARCIA

Docket No. H003277.

209 Cal.App.3d 790 (1989)

257 Cal. Rptr. 495

THE PEOPLE, Plaintiff and Respondent, v. SERGIO GARCIA, Defendant and Appellant.

Court of Appeals of California, Sixth District.

April 13, 1989.

Attorney(s) appearing for the Case

COUNSEL

John Doyle, under appointment by the Court of Appeal, for Defendant and Appellant. John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, John H. Sugiyama, Assistant Attorney General, Stan M. Helfman, Catherine A. Rivlin and Rene A. Chacon, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BRAUER, J.

Defendant Sergio Garcia entered an unconditional plea of guilty to the charge of rape. The court sentenced him to the upper term of eight years. On appeal, Garcia challenges the court's decision to impose the upper term. We affirm.

I. FACTS

Garcia, under the influence of cocaine and alcohol, approached a woman on the street in San Jose and offered her cocaine. When she refused, he grabbed her by...

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