PEOPLE v. WARNER

No. S126233.

47 Cal.Rptr.3d 1 (2006)

39 Cal.4th 548

139 P.3d 475

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

Supreme Court of California.

August 10, 2006.


Attorney(s) appearing for the Case

John Ward, San Francisco, under appointment by the Supreme Court, for Defendant and Appellant.

Gary M. Mandinach for the California Public Defender's Association as Amicus Curiae on behalf of Defendant and Appellant.

Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Patrick J. Whalen, Janet E. Neeley, Stan Cross and Lee E. Seale, Deputy Attorneys General, for Plaintiff and Respondent.


WERDEGAR, J.

A jury convicted defendant Brian Eric Warner of three counts of lewd or lascivious conduct with a child under 14 years of age. (Pen.Code,1 § 288, subd. (a).) In addition, the jury found he had suffered a prior felony conviction in Nebraska for child sexual assault. Because the record does not show defendant's Nebraska crime contained all of the elements of any offense in...

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