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PEOPLE v. AVILA

No. H019572.

95 Cal.Rptr.2d 651 (2000)

80 Cal.App.4th 791

The PEOPLE, Plaintiff and Respondent, v. Luis Ledesma AVILA, Defendant and Appellant.

Court of Appeals of California, Sixth District.

Rehearing Denied May 24, 2000.

As Modified June 7, 2000.

Review Denied August 16, 2000.

Attorney(s) appearing for the Case

R. Charles Johnson (Under Appointment by the Court of Appeal, in association with the Sixth District Appellate Program), Petaluma, for Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Ronald A. Bass, Sr. Assistant Attorney General, Ronald E. Niver and Clifford K. Thompson, Deputy Attorneys General, for Respondent.

PREMO, Acting P.J.

Defendant Luis Ledesma Avila was found guilty at a court trial of six counts of sodomy against two victims and received 14 years in state prison. On appeal, he challenges the constitutionality of Penal Code section 286, subdivision (i),1 sodomy by use of drugs, and the sufficiency of the evidence to support conviction.

FACTS

On separate occasions on February 1, 1998, and April 10, 1998, appellant...

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