People v. Arredondo

Opinion

FRANSON, J.

Statement Of The Case

Appellant, 19 years of age, was convicted by a jury of having sexual intercourse with a girl 15 years of age in violation of Penal Code section 261.5. The jury, pursuant to Penal Code section 264, recommended that appellant be punished by imprisonment in the state prison. After referring the matter to the probation office for a report and recommendation as to appellant’s suitability for probation the trial court sentenced appellant to prison.

Appellant makes two basic contentions; first, that Penal Code section 264 is unconstitutional insofar as it allows…