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PEOPLE v. ESPINOZA

Nos. H021384, H022532.

116 Cal.Rptr.2d 700 (2002)

95 Cal.App.4th 1287

The PEOPLE, Plaintiff and Respondent, v. Henry Gonzales ESPINOZA, Defendant and Appellant. In re Henry Gonzales Espinoza, On Habeas Corpus.

Court of Appeals of California, Sixth District.

Review Denied May 15, 2002.

Attorney(s) appearing for the Case

Alex Green, Under appointment by the Court of Appeal, for Appellant.

Bill Lockyer, Attorney General of the State of California, David P. Druliner, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Christopher W. Grove and Sharon G. Birenbaum, Deputy Attorneys General, for Respondent.

Adrienne M. Grover, County Counsel, J. Michael Hogan, Senior Deputy County Counsel, William K. Rentz, Deputy County Counsel, for Monterey County Department of Social Services as Amicus Curiae on behalf of Respondent.

MIHARA, J.

Defendant was convicted after a court trial of four counts of lewd conduct on a child (Pen.Code, § 288, subd. (a)), one count of forcible lewd conduct on a child (Pen.Code, § 288, subd. (b)) and-one count of attempted forcible rape (Pen.Code, §§ 261, subd. (a)(2), 664). He was committed to state prison for a term of eight years. On appeal, he claims that his due process rights were violated...

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