P. v. Evans 9/29/06 CA5

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: F047507

Case Date: 05/23/2007

Preview:Filed 9/29/06 P. v. Evans CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT THE PEOPLE, F047507 Plaintiff and Respondent, (Super. Ct. No. 109279) v. GENE EVANS, Defendant and Appellant.

OPINION

APPEAL from a judgment of the Superior Court of Tulare County. William Silveira, Jr., Judge. Deanna F. Lamb, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Stephen G. Herndon and Maureen A. Daly, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

PROCEDURAL HISTORY Appellant Gene Evans was charged with 11 felony counts, including kidnapping to commit rape, forcible rape, two counts of forcible oral copulation, forcible penetration with a foreign object, carjacking, second degree robbery, assault with a deadly weapon, auto theft, and two counts of false imprisonment by violence. The counts all arose out of an attack on Maria Q., whom appellant forced off the road in the early morning hours of October 8, 2000, in a rural area of Tulare County. The jury found appellant guilty of all 11 counts. The jury also found true numerous special allegations of the information, including allegations of aggravated sexual assault (Pen. Code,1

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