PEOPLE v. MACIEL

No. B163924

6 Cal.Rptr.3d 628 (2003)

113 Cal.App.4th 679

The PEOPLE, Plaintiff and Respondent, v. Martin O. MACIEL, Defendant and Appellant.

Court of Appeals of California, Second District, Division Five

Review Denied February 24, 2004.


Attorney(s) appearing for the Case

Edward J. Haggerty, City Of Industry, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Marc E. Turchin, Michael C. Keller and Richard S. Moskowitz, Deputy Attorneys General, for Plaintiff and Respondent.


Certified For Partial Publication.*

GRIGNON, J.

Defendant and appellant Martin Maciel appeals from a judgment after a jury trial in which he was convicted of attempted spousal rape (Pen.Code, §§ 664, 262, subd. (a)(1)), criminal threats (Pen.Code, § 422), and other offenses, arising out of an attack on his estranged wife. On the night in question, defendant lay in wait outside the house of his estranged wife. When...

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