SAWAYA, J.
Robert Burks appeals his conviction for a lewd and lascivious act in the presence of a child. We reverse.
The year 1998 was not a good year for Burks. In that year, his house burned down, his mother died, and his girlfriend was murdered by her grandson. These most unfortunate events exacerbated Burks' already serious problem with alcohol. To add to these calamities, later in the same year Burks was charged with and convicted of a lewd and lascivious...
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