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  5. 33 Cal.Rptr.3d 740 (2005)
 

PEOPLE v. KEOVILAYPHONE

No. C045357.

33 Cal.Rptr.3d 740 (2005)

132 Cal.App.4th 491

The PEOPLE, Plaintiff and Respondent, v. John KEOVILAYPHONE, Defendant and Appellant.

Court of Appeals of California, Third District.

August 31, 2005.

Attorney(s) appearing for the Case

Janice M. Lagerlof, under appointment by the Court of Appeal, San Francisco, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Senior Assistant Attorney General, Charles A. French and Michael P. Farrell, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.*

BUTZ, J.

A jury convicted defendant John Keovilayphone of rape in concert (Pen.Code, §§ 264.1/261, subd. (a)(2)1—count I), sexual penetration in concert (§§ 264.1/289, subd. (a)(1)—count II), simple assault (§ 240—count III, lesser included offense), and sexual penetration with a foreign object (§ 289, subd. (a)(1...

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