PEOPLE v. ERVIN

Docket Nos. B094910, B095631.

50 Cal.App.4th 259 (1996)

THE PEOPLE, Plaintiff and Respondent, v. CHRISTOPHER LEPTE ERVIN, Defendant and Appellant. THE PEOPLE, Plaintiff and Appellant, v. CHRISTOPHER LEPTE ERVIN, Defendant and Respondent.

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

October 25, 1996.


Attorney(s) appearing for the Case

COUNSEL

Gil Garcetti, District Attorney, Diana L. Summerhayes and Shirley S.N. Sun, Deputy District Attorneys, for Plaintiff and Appellant.

C. Elliot Kessler, under appointment by the Court of Appeal, for Defendant and Appellant and Defendant and Respondent.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Jaime L. Fuster and Joseph P. Lee, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

VOGEL (Miriam A.), J.

Christopher Lepte Ervin was convicted by jury of burglary and forcible rape, with a finding that the rape was committed during a residential burglary (Pen. Code, § 667.61, subd. (b)),1 and he thereafter admitted allegations that he had suffered a prior attempted robbery conviction in 1982 and two prior felony convictions...

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