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PEOPLE v. WARNER

No. C038245.

14 Cal.Rptr.3d 419 (2004)

The PEOPLE, Plaintiff and Respondent, v. Brian Eric WARNER, Defendant and Appellant.

Court of Appeals of California, Third District.

Review Granted September 15, 2004.

Attorney(s) appearing for the Case

John Ward, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Senior Assistant Attorney General, Patrick J. Whalen, Janet E. Neeley and Stan Cross, Deputy Attorneys General, for Plaintiff and Respondent.

MORRISON, J.

A jury convicted defendant of three counts of a lewd and lascivious act upon a child under the age of 14 (Pen.Code, § 288, subd. (a)), and found true the allegation that he had a prior conviction for child molestation in Nebraska, that was a serious felony (Pen.Code, § 667, subd. (a), § 667, subds. (b)-(i), § 1170.12) and qualified him as a habitual sexual offender (Pen.Code, § 667.71, subds.(c)(4) & (d)). The trial court...

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