People v. Apodaca

Opinion

GARGANO, J.

After a jury trial in the Superior Court of Fresno County, appellant Larry Apodaca was convicted of the murder of a human fetus (Pen. Code, § 187); 1 the jury determined that the murder was of the second degree (§ 189). He also was convicted by the jury of rape by threats of great and immediate bodily harm (§ 261, subd. 3), and of assault by means of force likely to produce great bodily injury (§ 245, subd. (a)). Appellant’s request for probation was denied, and he was sentenced to state prison on all three convictions for the terms prescribed by law; the sentences were…