PEOPLE v. ANDREOTTI

No. C034072.

111 Cal.Rptr.2d 462 (2001)

91 Cal.App.4th 1263

The PEOPLE, Plaintiff and Respondent, v. Peter C. ANDREOTTI, Defendant and Appellant.

Court of Appeals of California, Third District.

As Modified on Denial of Rehearing September 26, 2001.

Review Denied December 12, 2001.


Attorney(s) appearing for the Case

Law Offices of Dennis A. Fischer, Dennis A. Fischer, Santa Monica, and John M. Bishop, Riverside, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Robert R. Anderson, Senior Assistant Attorney General, W. Scott Thorpe and David A. Rhodes, Deputy Attorneys General, for Plaintiff and Respondent.


MORRISON, J.

May a trial court defer entry of judgment for a child molester, absent the People's consent? No. Contrary to defendant's view, a statute precluding judges from doing so does not violate the separation of powers doctrine.

The People charged defendant with eight counts of child molestation, alleging substantial sexual conduct as to one count. (Pen.Code, §§ 288, subd. (a); 1203.066, subd. (a)(8); further section references are to this code...

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