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PEOPLE v. FRAZIER

Nos. B133043, B142037.

107 Cal.Rptr.2d 100 (2001)

89 Cal.App.4th 30

The PEOPLE, Plaintiff and Respondent, v. Alfred FRAZIER, Defendant and Appellant. In re Alfred Frazier on Habeas Corpus.

Court of Appeals of California, Second District, Division Seven.

Review Denied August 15, 2001.

Attorney(s) appearing for the Case

Linda Starr, under appointment by the Court of Appeal, for Defendant, Appellant and Petitioner.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, Jaime L. Fuster and William H. Davis, Jr., Deputy Attorneys General, for Plaintiff and Respondent.

JOHNSON, J.

Alfred Frazier appeals from the judgment following his conviction on one count of committing a lewd act with a child under 14 and one count of annoying or molesting a child under 18. We hold the jury was improperly instructed under former CALJIC No. 2.50.01 and this error prejudiced defendant. Therefore, we reverse.

FACTS AND PROCEEDINGS BELOW

Defendant's convictions followed his third trial for the same incident with the same child,...

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