Legal Opinion
Guevara v. Superior Court
California Court of Appeal
Decided March 27, 1998No. H016326PublishedCited by 7 opinions
1Opinion of the Court
Opinion
MIHARA, J.
The questions before us are (1) whether an adult male who knows that he is a carrier of the antibodies to the human immunodeficiency virus (HIV) and engages in an act of unprotected consensual sexual intercourse with a minor without disclosing this fact commits an aggravated assault in violation of Penal Code section 245, subdivision (a)(1) and (2) whether Penal Code section 12022.85, which imposes a three-year sentence enhancement on individuals who, knowing that they are HIV-positive, 1 have unlawful sexual intercourse (Pen. Code, § 261.5) with minor females, is…
2Cases cited9 opinions
- Robinson v. CaliforniaSupreme Court of the United States · 1962
- Michael M. v. Superior Court of Sonoma CountySupreme Court of the United States · 1981
- People v. Eric J.California Supreme Court · 1979
- Tobe v. City of Santa AnaCalifornia Supreme Court · 1995
- In Re Roger S.California Supreme Court · 1977
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- People v. CruzCalifornia Court of Appeal · 2012
- Griffiths v. Superior CourtCalifornia Court of Appeal · 2002
- People v. GoslarCalifornia Court of Appeal · 1999
- People v. BaniagaSuperior Court of Guam · 2013
- People v. MasaoSuperior Court of Guam · 2013
2 more not listed; retrieve them via the Exa API.