PEOPLE v. STUEDEMANN

No. D049020.

67 Cal.Rptr.3d 13 (2007)

156 Cal.App.4th 1

The PEOPLE, Plaintiff and Respondent, v. David Edward STUEDEMANN, Defendant and Appellant.

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

September 21, 2007.


Attorney(s) appearing for the Case

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Gary W. Schons, Asst. Attys. Gen., Garrett Beaumont and Randall D. Einhorn, Deputy Attys. Gen., for Plaintiff and Respondent.

Milton J. Silverman, San Diego, CA, for Defendant and Appellant.


McDONALD, Acting P.J.

A jury convicted defendant David Stuedemann of rape by a foreign object on an unconscious person (Pen.Code, § 289, subd. (d)(3))1 and oral copulation on an unconscious person (§ 288a, subd. (f)(3)). The court suspended imposition of sentence and granted probation subject to numerous conditions, including a condition Stuedemann spend one year in county jail. On appeal, Stuedemann asserts the evidence

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