Unger v. Superior Court of Marin County

The People appeal following the dismissal of the information against respondent Paul McNally after a determination that McNally had been previously placed in jeopardy for the same charge. Respondent was charged with kidnaping (Pen. Code, § 207), forcible rape (Pen. Code, § 261, subd. 2), rape by threat of great bodily harm (Pen. Code, § 261, subd. 3), and forcible oral copulation (Pen. Code, § 288a). It was alleged that in the commission of the last three offenses, respondent used a deadly weapon, a metal pipe (Pen. Code, § 12022, subd. (b)), and that he inflicted great bodily injury during commission of the rapes (Pen. Code, § 12022.7).