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PEOPLE v. McVICKERS

Docket No. S020115.

4 Cal.4th 81 (1992)

840 P.2d 955

13 Cal. Rptr.2d 850

THE PEOPLE, Plaintiff and Respondent, v. THOMAS SCARTH McVICKERS, Defendant and Appellant.

Supreme Court of California.

December 3, 1992.

Attorney(s) appearing for the Case

COUNSEL

Richard Jay Moller, under appointment by the Supreme Court, for Defendant and Appellant.

John K. Van de Kamp and Daniel E. Lungren, Attorneys General, Richard B. Iglehart and George Williamson, Chief Assistant Attorneys General, Harley D. Mayfield and Gary W. Schons, Assistant Attorneys General, Janelle B. Davis and Pamela A. Ratner, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

MOSK, J.

Penal Code section 1202.1 (hereafter section 1202.1) requires every person convicted of rape, statutory rape, spousal rape, sodomy, or oral copulation to submit to a blood test for evidence of acquired immune deficiency syndrome (AIDS). The statute (§ 1202.1, subd. (c)) allows a positive test result to be used to enhance the sentence for a subsequent conviction of any of the crimes listed above (see Pen. Code...

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