Stiltner

People v. Stiltner

Good Law
132 Cal. App. 3d 216·182 Cal. Rptr. 790·1982 Cal. App. LEXIS 1610
Court of Appeal of CaliforniaApril 28, 1982Crim. 11474California5,373 words

Opinion

Opinion

Regan, J.

Defendant was convicted by a jury of robbery (Pen. Code, § 211) and forced oral copulation. (Pen. Code, § 288a, subd. (c).) The jury found that defendant was armed with a firearm (pistol) and used it in both offenses and, as to the crime of oral copulation, the jury found that defendant was also armed with a deadly weapon (a knife). Defendant appeals from the judgment sentencing him to 14 2/3 years in prison.

Facts

The victim of both crimes, Mrs. G., debarked about 1 a.m. from a Greyhound bus in Oroville. The bus station was closed and she went to a nearby phone booth, phoned her husband at their home and asked him to come to get her. While waiting, she saw two men approaching who had been on the bus with her. One of them was defendant. He grasped her by the arm, placed a handgun to her side and led her to the back of the bus station where he ordered her to produce her wallet. She did so and handed him a $5 and a $10 bill. He examined the wallet, threw it down and, holding the gun to her head, ordered Mrs. G. to orally copulate him. She had commenced to do so when she heard her husband’s truck pull up in front of the bus station. She informed defendant of this and he…

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