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PEOPLE v. MACK

Docket No. C010377.

11 Cal.App.4th 1466 (1992)

15 Cal. Rptr.2d 193

THE PEOPLE, Plaintiff and Respondent, v. PAUL STEVEN MACK, Defendant and Appellant.

Court of Appeals of California, Third District.

December 8, 1992.

Attorney(s) appearing for the Case

COUNSEL

Manuel J. Baglanis, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Acting Assistant Attorney General, J. Robert Jibson and Karen L. Ziskind, Deputy Attorneys General, for Plaintiff and Respondent.

[Opinion certified for partial publication.1]

OPINION

DAVIS, J. —

INTRODUCTION

Penal Code section 261, subdivision (a)(3) (undesignated section references will be to this code) defines as rape any act of sexual intercourse where "a person is prevented from resisting by any intoxicating or anaesthetic substance, or any controlled...

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