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IN RE PHELON

No. A110492.

34 Cal.Rptr.3d 276 (2005)

132 Cal.App.4th 1214

In re Kenneth D. PHELON, on Habeas Corpus.

Court of Appeals of California, First District, Division Two.

September 26, 2005.

Attorney(s) appearing for the Case

Kenneth D. Phelon, in pro. per., Heather MacKay under appointment by The Court of Appeal under the First Appellate District Independent Case System, for Petitioner.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Asst. Atty. Gen., Gerald A. Engler, Sr. Asst. Atty. General, Laurence K. Sullivan, Supervising Deputy A.G., Rene A. Chacon, Supervising Deputy A.G., for Respondent.

KLINE, P.J.

I. BACKGROUND

Petitioner Kenneth D. Phelon was convicted of kidnapping with intent to commit rape in violation of former Penal Code section 208, subdivision (d) (count I),1 assault with intent to commit rape in violation of section 220 (count II), assault by means of force likely to produce great bodily injury in violation of section 245, subdivision (a)(1) (count III), and making criminal threats in violation of...

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