PEOPLE v. GAGLIONE

Docket No. A060985.

26 Cal.App.4th 1291 (1994)

32 Cal. Rptr.2d 169

THE PEOPLE, Plaintiff and Respondent, v. GENNARO WILLIAM GAGLIONE, Defendant and Appellant.

Court of Appeals of California, First District, Division One.

July 21, 1994.


Attorney(s) appearing for the Case

COUNSEL

Melissa W. Johnson, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Ronald E. Niver and Bruce Ortega, Deputy Attorneys General, for Plaintiff and Respondent.


[Opinion certified for partial publication.*]

OPINION

DOSSEE, J.

Defendant was convicted in a jury trial of committing a lewd act upon a child under 14 (Pen. Code, § 288, subd. (a)). The jury also found defendant was a stranger to the victim so as to make him ineligible for probation (Pen. Code, § 1203.066, subd. (a)(3)).

In a bifurcated proceeding the trial court found the allegations...

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