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PEOPLE v. VALDEZ

No. E045289.

174 Cal.App.4th 1528 (2009)

THE PEOPLE, Plaintiff and Respondent, v. JUAN J. VALDEZ, Defendant and Appellant.

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

June 19, 2009.

Attorney(s) appearing for the Case

Marilee Marshall, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Jeffrey J. Koch, Barry Carlton and Scott C. Taylor, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

RAMIREZ, P. J. —

A jury convicted defendant of inflicting corporal injury on his spouse (Pen. Code, § 273.5, subd. (a)),1 raping his spouse (§ 262, subd. (a)(1)), raping her with a foreign object (§ 289, subd. (a)(1)) and violating a protective order (§ 273.6, subd. (a)). After the trial court found that were it not prohibited by section 1203.065 from granting defendant probation...

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