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PEOPLE v. FOUNTAIN

No. C028465.

97 Cal.Rptr.2d 824 (2000)

82 Cal.App.4th 61

The PEOPLE, Plaintiff and Respondent, v. Carl McCee FOUNTAIN, Defendant and Appellant.

Court of Appeals of California, Third District.

Review Denied October 25, 2000.

Attorney(s) appearing for the Case

Lori Klein, under appointment by the Court of Appeal, Santa Cruz, for Defendant and Appellant.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Senior Assistant Attorney General, Michael J. Weinberger and Thomas Y. Shigemoto, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.*

OPINION ON REHEARING

MORRISON, J.

Defendant Carl McCee Fountain was convicted by a jury of lewd and lascivious conduct with a child under 14 years of age (Pen.Code, § 288, subd. (a)—count I; hereafter all section references to an undesignated code are to the Penal Code), first degree burglary (§§ 459, 460—count II), and furnishing alcohol to a minor...

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