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PEOPLE v. AUSTIN

Docket No. 3998.

111 Cal.App.3d 110 (1980)

168 Cal. Rptr. 401

THE PEOPLE, Plaintiff and Appellant, v. WILLIAM DONALD AUSTIN, Defendant and Respondent.

Court of Appeals of California, Fifth District.

October 10, 1980.

Attorney(s) appearing for the Case

COUNSEL

George Deukmejian, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, James T. McNally and Thomas R. Yanger, Deputy Attorneys General, for Plaintiff and Appellant.

Walter L. Gorelick and Gerald F. Sevier, Public Defenders, James T. Wilson, Assistant Public Defender, and Kay Killmer, Deputy Public Defender, for Defendant and Respondent.

OPINION

PIERSON, J.*

Following a preliminary hearing, respondent Austin was charged in an information with count one, kidnaping (Pen. Code, § 207) and count two, lewd act upon or with a child (Pen. Code, § 288). Construed favorably to the prosecution, the evidence at the preliminary hearing established the following:

On July 13, 1978, eight-year-old Miss M. was playing tag with her brother...

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