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PEOPLE v. MURPHY

No. H021790.

132 Cal.Rptr.2d 688 (2003)

107 Cal.App.4th 1150

The PEOPLE, Plaintiff and Respondent, v. James Marcellos MURPHY, Defendant and Appellant.

Court of Appeals of California, Sixth District.

Review Denied July 16, 2003.

Attorney(s) appearing for the Case

Walter K. Pyle, under appointment by the Court of Appeal in association with the Sixth District Appellate Program, Berkeley, Attorneys for Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Ronald A. Bass, Sr. Assistant Attorney General, Laurence K. Sullivan and John H. Deist, Deputy Attorneys General, Attorneys for Respondent.

ELIA, J.

James Marcellos Murphy appeals from the judgment of conviction of oral copulation by force or fear (Pen.Code, § 288a)1 and felony false imprisonment (§§ 236, 237) that followed a jury trial. The court sentenced defendant Murphy to total term of six years, consisting of a six-year principal term and a two-year concurrent term.

On appeal, defendant Murphy claims that use of a one-way glass during the alleged...

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