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PEOPLE v. AULT

No. D040184.

4 Cal.Rptr.3d 732 (2003)

The PEOPLE, Plaintiff and Appellant, v. Brenner Carl AULT, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

Review Granted December 10, 2003.

Attorney(s) appearing for the Case

Paul J. Pfingst and Bonnie M. Dumanis, District Attorneys, Anthony Lovett, D. Michael Ebert and Christopher F. Lindberg, Deputy District Attorneys, for Plaintiff and Appellant.

Cleary & Sevilla and Charles M. Sevilla, San Diego, for Defendant and Respondent.

McCONNELL, J.

This is an appeal by the People from an order granting a new trial on the ground of juror misconduct in favor of a criminal defendant convicted of two counts of child molest (Pen.Code,1 § 288, subd. (a)), with a finding of substantial sexual conduct (§ 1203.066, subd. (a)(8)). The People concede juror misconduct occurred but contend the trial court erred in finding...

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