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PEOPLE v. SCOTT

No. E039093.

68 Cal.Rptr.3d 592 (2007)

157 Cal.App.4th 189

The PEOPLE, Plaintiff and Respondent, v. Gerry Glenn SCOTT, Defendant and Appellant.

Court of Appeal of California, Fourth District, Division Two.

November 27, 2007.

Attorney(s) appearing for the Case

William Flenniken, Jr., under appointment by the Court of Appeal, San Francisco, for Defendant and Appellant.

Bill Lockyer and Edmund G. Brown, Jr., Attorney Generals, Robert R. Anderson and Dane R. Gillette, Chief Assistant Attorneys General, Gary W. Schons, Senior Assistant Attorney General, Steve Oetting, Supervising Deputy Attorney General, and David Delgado-Rucci, Deputy Attorney General, for Plaintiff and Respondent.

Certified for Partial Publication.*

OPINION ON REMAND

KING, J.

I. INTRODUCTION

A jury found defendant guilty of violating Penal Code section 285 1 (incest), based on evidence that he had sexual intercourse with his 18-year-old daughter. In a bifurcated trial, the trial court found that defendant had one prior strike conviction, a 1991...

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