P. v. McKay
During the early morning hours of September 15, 2003, appellant Michael Martin McKay entered the residence of the victim, stole money and jewelry from her and forced her to orally copulate him. A five-count information was filed charging him with forcible oral copulation, attempted rape, residential burglary, false imprisonment and making criminal threats. Enhancement allegations that the residence was occupied, that appellant committed the oral copulation during a burglary, that appellant personally used a knife, that he bound the victim and that he used a deadly weapon were alleged in connection with various counts. A prior strike and a prior prison term were alleged. Appellant entered dual pleas of not guilty and not guilty by reason of inanity. A psychiatric appointment order was filed. Although review of the doctors reports was calendared, no review hearing occurred.The conviction for assault with intent to commit rape is reversed.
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