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PEOPLE v. LEWIS

No. D040806.

15 Cal.Rptr.3d 891 (2004)

120 Cal.App.4th 837

The PEOPLE, Plaintiff and Respondent, v. John LEWIS, Jr., Defendant and Appellant.

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

Rehearing Denied August 18, 2004.

Review Denied October 13, 2004.

Attorney(s) appearing for the Case

Michael B. McPartland, Petaluma, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Raquel M. Gonzalez and Quisteen S. Shum, Deputy Attorneys General, for Plaintiff and Respondent.

BENKE, Acting P.J.

After a first trial at which the jury was unable to reach a verdict, defendant John Lewis, Jr., was retried and convicted of assaulting a child with force likely to produce great bodily injury resulting in death within the meaning of Penal Code,1 section 273ab. Lewis was sentenced to a term of 25 years to life. He appeals, arguing the trial court erred in failing to instruct...

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