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PEOPLE v. SWANSON-BIRABENT

No. H025036.

7 Cal.Rptr.3d 744 (2003)

114 Cal.App.4th 733

The PEOPLE, Plaintiff and Appellant, v. Holly SWANSON-BIRABENT, Defendant and Respondent.

Court of Appeals of California, Sixth District.

Review Denied March 17, 2004.

Attorney(s) appearing for the Case

George W. Kennedy, District Attorney, Judith B. Sklar, Deputy District Attorney, Emily Wang, Bar Certified Law Student, Attorneys for Appellant The People.

Steven R. Pogue, San Jose, Attorney for Respondent Holly-Swanson-Birabent.

BAMATTRE-MANOUKIAN, J.

The People appeal from the trial court's order granting defendant Holly Swanson-Birabent's Penal Code section 995 motion to dismiss two counts of committing a lewd or lascivious act on a child under the age of 14 (Pen.Code, § 288, subd. (a)).1 The actual acts were perpetrated by one Don Umble. Defendant is the victim's mother; she was charged as an aider and abettor.

The People contend that the trial...

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