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PEOPLE v. GIARDINO

No. E023991.

98 Cal.Rptr.2d 315 (2000)

82 Cal.App.4th 454

The PEOPLE, Plaintiff and Respondent, v. Mark Gene GIARDINO, Defendant and Appellant.

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

July 20, 2000.

Attorney(s) appearing for the Case

Martin Nebrida Buchanan, San Diego, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, John T. Swan and Carlson M. Legrand, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.*

OPINION

McKINSTER, J.

In reviewing this defendant's convictions for, inter alia, rape by intoxication and oral copulation by intoxication, we hold that those crimes are committed when the victim is so intoxicated that he or she is incapable of exercising the judgment required to decide whether to consent to those sexual acts, and that...

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