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PEOPLE v. MARTINEZ

Docket No. S042933.

11 Cal.4th 434 (1995)

903 P.2d 1037

45 Cal. Rptr.2d 905

THE PEOPLE, Plaintiff and Respondent, v. PABLO CRUZ MARTINEZ, Defendant and Appellant.

Supreme Court of California.

November 2, 1995.

Attorney(s) appearing for the Case

COUNSEL

Maureen DeMaio, under appointment by the Supreme Court, and Maxine Weksler, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General,

John R. Gorey, Sanjay T. Kumar and Alene M. Games, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BAXTER, J.

We granted review for the limited purpose of determining the acts necessary to sustain a conviction under Penal Code section 288.1 This statute imposes criminal liability on anyone who "willfully and lewdly commits any lewd or lascivious act" upon the body of a child under the age of 14 "with the intent of arousing ... the lust, passions, or sexual desires" of either party. (Id.,...

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