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PEOPLE v. SONG

No. C042456.

22 Cal.Rptr.3d 118 (2004)

124 Cal.App.4th 973

The PEOPLE, Plaintiff and Respondent, v. Jerry SONG, Defendant and Appellant.

Court of Appeals of California, Third District.

December 2, 2004.

Attorney(s) appearing for the Case

Jerry Song, in pro. per., and Raymond J. Simmons, Roseville, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Senior Assistant Attorney General, Michael A. Canzoneri and Clifford E. Zall, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.*

MORRISON, Acting P.J.

Defendant was convicted by jury of kidnapping (Pen.Code, § 207, subd. (a)); sexual penetration by foreign object (Pen. Code, § 289, subd. (a)(1)) with a "one strike" kidnapping allegation (Pen.Code, § 667.61, subds.(a), (c)(5), & (d)(2)); and sexual battery by restraint (Pen.Code, § 243.4, subd. (a...

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