People v. Chittra Toon Mom

Opinion

HULL, J.

In this matter we conclude the force necessary to commit the offense of rape in concert, as defined in Penal Code section 264.1, is no greater than the force necessary to commit a forcible rape within the meaning of Penal Code section 261, subdivision (a)(2). (Further section references are to the Penal Code unless otherwise designated.)

Defendant was convicted by a jury of robbery in concert of an inhabited dwelling (§§ 211, 213, subd. (a)(1)(A)), rape in concert (§ 264.1), first degree burglary (§ 459) and assault with a deadly weapon or with force likely to produce great…