People v. Perez

Opinion

McCOMB, J.

By an information, defendant and Curtis Vann were charged with sodomy (Pen. Code, § 286), and Carlos Rodriguez was charged with attempted sodomy and assault with intent to commit that offense. At defendant’s request, his case was severed. After a court trial, he was found guilty of sodomy, and a jury subsequently found that he was sane at the time of the commission of the offense. He appeals from the judgment of conviction thereafter entered.

Facts: Viewed in the light most favorable to the People (People v. Sweeney, 55 Cal.2d 27, 33 [1] [9 Cal.Rptr. 793, 357 P.2d 1049]), the…