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PEOPLE v. LEAL

No. B211365.

180 Cal.App.4th 782 (2009)

THE PEOPLE, Plaintiff and Respondent, v. SAQUEO L. LEAL, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

December 23, 2009.

Attorney(s) appearing for the Case

Edward H. Schulman, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Stephanie C. Brenan and Peggy Z. Huang, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

PERREN, J.—

Appellant Saqueo L. Leal entered a residence through an open window in the middle of the night and digitally penetrated a woman as she slept in bed next to her husband. Believing that appellant was her husband, the woman did not resist and submitted to sexual intercourse. Appellant was subsequently convicted of rape and sexual penetration by artifice, pretense or concealment (Pen. Code,1

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