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PEOPLE v. FRAIZE

Docket No. B087051.

36 Cal.App.4th 1722 (1995)

43 Cal. Rptr.2d 64

THE PEOPLE, Plaintiff and Respondent, v. LARRY W. FRAIZE, Defendant and Appellant.

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

July 24, 1995.

Attorney(s) appearing for the Case

COUNSEL

John D. O'Loughlin, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Kenneth C. Byrne and Anh T. Nguyen, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

VOGEL (C.S.), J. —

INTRODUCTION

Following a court trial, defendant Larry W. Fraize was convicted of two counts of violating Penal Code section 288a, subdivision (e) which prohibits a jail inmate from engaging in oral copulation, even if consensual. On this appeal, defendant contends the statute does not apply to his actions because the statute only criminalizes oral copulation by a jail inmate and at the time...

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