Lewis

People v. Lewis

Caution
141 Cal. Rptr. 614·1977 Cal. App. LEXIS 1954·74 Cal. App. 2d 633·74 Cal. App. 3d 633
Court of Appeal of CaliforniaNovember 2, 1977Crim. 29352California4,715 words

Opinion

Opinion

Ashby, J.

—In a jury trial appellant was convicted on multiple counts involving three different victims of first degree burglary (three counts, including one with great bodily injury), attempted murder, first degree robbery, assault with a deadly weapon, and rape. He was also found to have been armed with a deadly weapon on three of the counts, and the trial court found true a prior conviction of robbery. The court sentenced appellant to state prison consecutively on three counts involving different victims (assault with a deadly weapon, first degree robbery, and burglary with great bodily injury), and stayed execution of sentence on the other counts with provision for the stay to become permanent upon service of sentence on the three pertinent counts. This appeal is from the judgment.

Facts

At approximately 10 a.m., December 3, 1975, appellant knocked on the door of Mrs. Christine Behling’s home in the San Fernando Valley. After asking if her husband was at home and if she was interested in janitorial services, appellant forced his way inside, grabbed Mrs. Behling with one hand and held a knife at her arm with the other hand. Mrs. Behling screamed, and when Mrs. Behling’s mother…

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