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PEOPLE v. MOM

No. C032099.

96 Cal.Rptr.2d 172 (2000)

80 Cal.App.4th 1217

The PEOPLE, Plaintiff and Respondent, v. Chittra Toon MOM, Defendant and Appellant.

Court of Appeals of California, Third District.

May 24, 2000.

Attorney(s) appearing for the Case

Weaver, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Robert R. Anderson, Senior Assistant Attorney General, W. Scott Thorpe, and Clifford E. Zall, Deputy Attorneys General, for Plaintiff and Respondent.

HULL, J.

In this matter we conclude the force necessary to commit the offense of rape in concert, as defined in Penal Code section 264.1, is no greater than the force necessary to commit a forcible rape within the meaning of Penal Code section 261, subdivision (a)(2). (Further section references are to the Penal Code unless otherwise designated.)

Defendant was convicted by a jury of robbery in concert of an inhabited dwelling (§§ 211, 213, subd....

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