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  5. 217 Cal.App.3d 180 (1990)
 

PEOPLE v. BIRMINGHAM

Docket No. D009414.

217 Cal.App.3d 180 (1990)

265 Cal. Rptr. 780

THE PEOPLE, Plaintiff and Respondent, v. DAVID BIRMINGHAM, Defendant and Appellant.

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

January 18, 1990.

Attorney(s) appearing for the Case

COUNSEL

Jeffrey J. Stuetz and Jeanne Geren Knight, under appointments by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Richard B. Iglehart, Chief Assistant Attorney General, Harley D. Mayfield, Assistant Attorney General, Frederick R. Millar, Jr., and Pat Zaharopoulos, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

KREMER, P.J.

David Birmingham entered a negotiated plea of guilty to two counts of lewd and lascivious conduct with a child under the age of fourteen years (Pen. Code,1 § 288a). The court sentenced him to serve eight years in prison: the middle term of six years on one count, with a consecutive two-year term on the other. Birmingham appeals.

On August 23, 1988, a baby-sitter overheard...

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