P. v. Walker CA6
On April 8, 1991, Walker was charged by information with forcible rape of T.T. (§ 261, subd. (a)(2); count 1), and unlawful sexual intercourse with T.T. as well (§ 261.5; count 3). He was also charged with forcible rape (§ 261, subd. (a)(2); count 2) involving a separate incident against victim M.T.
Walker was held to answer on all of the charges following a preliminary examination. He submitted counts 2 and 3 for trial based on the preliminary examination transcript, police reports and a sexual assault investigation report. (Bunnell v. Superior Court (1975) 13 Cal.3d 592.) The district attorney dismissed count 1 and the trial court found Walker guilty of counts 2 and 3. He was sentenced to 2 years for unlawful sexual intercourse in count 2 and 3 years consecutive for the forceable rape in count 3. This court affirmed the judgment in People v. Walker (Oct. 6, 1994, No. H011846 [nonpub. opn.]).
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