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PEOPLE v. MOBLEY

No. D027985.

85 Cal.Rptr.2d 474 (1999)

72 Cal.App.4th 761

The PEOPLE, Plaintiff and Respondent, v. Robert Leroy MOBLEY, Defendant and Appellant.

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

Rehearing Denied June 15, 1999.

Review Denied September 1, 1999.

Attorney(s) appearing for the Case

Mark D. Greenberg, by appointment of the Court of Appeal, Oakland, for Defendant and Appellant.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson and David P. Druliner, Chief Assistant Attorneys General, Gary W. Schons, Assistant Attorney General, Esteban Hernandez and Nancy L. Palmieri, Deputy Attorneys General, for Plaintiff and Respondent.

HUFFMAN, J.

In this opinion, we determine the trial court does not have a sua sponte duty to instruct the jury on the definition of "developmental disability" for convictions under Penal Code1 sections 288a, subdivision (g) and 286, subdivision (g), respectively.

Robert Leroy Mobley was convicted by a jury of 17 counts of unlawful sodomy committed upon two young men in their early twenties who "because of a mental disorder or developmental...

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