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PEOPLE v. LUNA

No. G045098.

209 Cal.App.4th 460 (2012)

146 Cal. Rptr. 3d 841

THE PEOPLE, Plaintiff and Respondent, v. JORGE LUNA, Defendant and Appellant.

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

September 18, 2012.

Attorney(s) appearing for the Case

Catherine White , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Julie L. Garland , Assistant Attorney General, and Kelley Johnson , Deputy Attorney General, for Plaintiff and Respondent.

OPINION

FYBEL, J. —

I.

INTRODUCTION

A jury convicted Jorge Luna of one count of kidnapping (Pen. Code, § 207, subd. (a) [count 1]),1 one count of rape (§ 261, subd. (a)(2) [count 2]), and one count of aggravated assault (§ 245, subd. (a)(1) [count 3]). As to count 2, the jury found true the allegation Luna kidnapped the victim "in the commission of" rape pursuant to section...

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