PEOPLE v. DeLOUIZE

No. A093574.

120 Cal.Rptr.2d 95 (2002)

98 Cal.App.4th 887

The PEOPLE, Plaintiff and Respondent, v. Robert Bernard DeLOUIZE, Defendant and Appellant.

Court of Appeals of California, First District, Division Four.

Review Granted August 14, 2002.


Attorney(s) appearing for the Case

George Oliver Benton, First District Appellate Project, Santa Rosa, for Appellant.

Office of Attorney General, Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Catherine A. Rivlin, Supervising Deputy Attorney General, Matthew P. Boyle, Deputy Attorney General, for Respondent.


Certified for Partial Publication.*

SEPULVEDA, J.

A jury found defendant Robert Bernard DeLouize guilty of three counts of lewd or lascivious acts with a child under the age of 14 years (Pen.Code, § 288, subd. (a)). On appeal he contends (1) the trial court lacked jurisdiction to reverse its order granting him a new trial, and (2) the version of CALJIC No. 2.50.01 read to the jury permitted a conviction without proof of guilt...

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