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PEOPLE v. STOWELL

No. S108187

6 Cal.Rptr.3d 723 (2003)

79 P.3d 1030

31 Cal.4th 1107

The PEOPLE, Plaintiff and Respondent, v. Timothy Brian STOWELL, Defendant and Appellant.

Supreme Court of California

Rehearing Denied January 22, 2004.

Attorney(s) appearing for the Case

Bradley A. Bristow, Sacramento, under appointment by the Supreme Court, and George L. Mertens, Sacramento, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner and Robert R. Anderson, Chief Assistant Attorneys General, Mary Jo Graves, Assistant Attorney General, Shirley A. Nelson, Rachelle A. Newcomb, Patrick J. Whalen and David Andrew Eldridge, Deputy Attorneys General, for Plaintiff and Respondent.

BROWN, J.

Since 1996, the Legislature has directed that upon conviction of lewd and lascivious acts with a child, in violation of Penal Code section 288, a defendant shall be ordered "to submit to a blood ... test for evidence of antibodies to the probable causative agent of acquired immune deficiency syndrome (AIDS)" "if the court finds that there is probable cause to believe that blood, semen, or any other bodily fluid capable of transmitting HIV [human immunodeficiency...

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