FOURT, J.
Jesse Resendez appeals his conviction for a lewd and lascivious act committed upon a child under the age of 14. (Pen. Code, § 288.)
Appellant was charged by information with a violation of Penal Code, section 288 and a prior felony conviction for rape. He admitted the prior conviction. The first jury was unable to reach a verdict and a mistrial was declared, but at his second trial the jury found him guilty as charged. The court ordered a probation...
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