P. v. Brooks
Defendant was convicted by guilty plea of a violation of Penal Code section 289, subdivsion (d), sexual penetration of an unconscious person, and sentenced to probation, the terms of which included a year in the county jail. The remaining count of rape of an unconscious person in violation of section 261, subdivision (a)(4), was dismissed.
Defendant was arrested at his home for domestic violence, and after a contested violation of probation hearing, defendant was found to be in violation of his probation and sentenced to the middle term of six years.
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