Legal Opinion
People v. Campbell
California Court of Appeal
Decided July 11, 2000No. D034190PublishedCited by 4 opinions
1Opinion of the Court
Opinion
BENKE, Acting P. J.
Does covering the eyes of the victim of a sexual assault with tape so as to prevent sight constitute “tying or binding” of the victim? Seeking an answer to this question, the People appeal from a superior court order granting a Penal Code 1 section 995 motion to set aside an allegation under section 667.61, subdivisions (a), (c) and (e)(2), (6) that Robert Campbell did, in the course of committing sodomy by force in violation of section 286, tie or bind his victim.
The magistrate at the preliminary hearing found that binding the victim’s head herein did not come…
2Cases cited19 opinions
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Lanzetta v. New JerseySupreme Court of the United States · 1939
- People v. MayfieldCalifornia Supreme Court · 1997
- People Ex Rel. Gallo v. AcunaCalifornia Supreme Court · 1997
14 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. SullivanCalifornia Court of Appeal · 2007
- People v. RoweCalifornia Court of Appeal · 2014
- People v. RoweCalifornia Court of Appeal · 2014
- The People v. Myles CA3California Court of Appeal · 2013