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PEOPLE v. PORTILLO

No. D038761.

132 Cal.Rptr.2d 435 (2003)

107 Cal.App.4th 834

The PEOPLE, Plaintiff and Respondent, v. Coby J. PORTILLO, Defendant and Appellant.

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

Review Denied June 11, 2003.

Attorney(s) appearing for the Case

R. Clayton Seaman, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, James D. Dutton and Charles C. Ragland, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.1

HUFFMAN, Acting P.J.

A jury convicted Coby J. Portillo of first degree murder (Pen.Code,2 § 187, subd. (a)), forcible rape (§ 261, subd. (a)(2)), and forcible sodomy (§ 286, subd. (c)(2)). The jury also found true allegations that Portillo had used a deadly weapon, a hammer, in committing the murder (§ 12022, subd. (b)(1)), and that he had committed...

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