PEOPLE v. KUREY

No. B 141119.

106 Cal.Rptr.2d 150 (2001)

88 Cal.App.4th 840

The PEOPLE, Plaintiff and Respondent, v. Thomas Joseph KUREY, Defendant and Appellant.

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

March 28, 2001.


Attorney(s) appearing for the Case

John D. Lueck, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, Chung Mar and Michael W. Whitaker, Deputy Attorneys General, for Plaintiff and Respondent.


COOPER, J.

INTRODUCTION

Appellant challenges the finding of a probation violation for the violation of Penal Code section 311.11 on the grounds that the statute is unconstitutional, allowing conviction when the minor "appears" to be under 18, that expert testimony of "apparent age" is inadmissible and that there is insufficient evidence that appellant knew the actors in the video clips were under 18. We affirm...

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