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PEOPLE v. DANCY, H021990

Trial court did not err in failing to instruct the jury that it was a defense to rape of an unconscious person that defendant believed that the victim had consented in advance, would have consented if conscious, or would not have resisted if conscious.

Appellate Information

  • Decided 09/13/2002
  • Published 09/16/2002


  • MIHARA, J.


  • California Court of Appeal


  • For Appellant:
  • Attorney for Appellant:  Janice M. Brickley, Under Appointment by the Sixth District Appellate Program.

  • For Appellees:
  • Attorneys for Respondent:  Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Eric D. Share, Deputy Attorney General, Linda M. Murphy, Deputy Attorney General, Ryan McCarroll, Deputy Attorney General, Lisa Ashley-Ott, Deputy Attorney General.
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