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PEOPLE v. CAMPBELL

No. D034190.

97 Cal.Rptr.2d 830 (2000)

82 Cal.App.4th 71

The PEOPLE, Plaintiff and Appellant, v. Robert CAMPBELL, Defendant and Respondent.

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

Review Denied October 25, 2000.

Attorney(s) appearing for the Case

Paul J. Pfingst, District Attorney, Thomas F. McArdle and Anthony Lovett, Deputy District Attorneys, for Plaintiff and Appellant.

Anna M. Jauregui, under appointment by the Court of Appeal, San Diego, for Defendant and Respondent.

BENKE, Acting P.J.

Does covering the eyes of the victim of a sexual assault with tape so as to prevent sight constitute "tying or binding" of the victim? Seeking an answer to this question, the People appeal from a superior court order granting a Penal Code1 section 995 motion to set aside an allegation under section 667.61, subdivisions (a), (c) and (e)(2), (6) that Robert Campbell did, in the course of committing sodomy by force in violation...

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