People v. Stender

Opinion

THE COURT. *

Defendant was found guilty, by jury, of burglary in the first degree (Pen. Code, § 459), rape (Pen. Code, § 261, subd. 3), kidnaping (Pen. Code, § 207) and attempted oral copulation (Pen. Code, § 288a). Imposition of sentence was suspended and three years probation granted. As a condition of probation defendant was to serve nine months in the county jail. A stay of execution on the jail sentence was granted to February 5, 1975.

Facts

In August 1973 Mrs. W., age 20, was staying with her mother in a residence on Balboa Island in Orange County. On August 11, 1973, at about 11…