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PEOPLE v. SCOTT

No. E039093.

54 Cal.Rptr.3d 674 (2007)

147 Cal.App.4th 831

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

Court of Appeal of California, Fourth District.

February 14, 2007.

Attorney(s) appearing for the Case

William Flenniken, Jr., San Francisco, 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, Senior Assistant Attorney General, Steve Oetting, Supervising Deputy Attorney General, and Robert M. Foster, Deputy Attorney General, for Plaintiff and Respondent.

Certified For Partial Publication.*

OPINION

KING, J.

I. INTRODUCTION

A jury found defendant guilty of violating Penal Code section 2851 (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 robbery conviction. (§§ 667, subds.(b)-(i), 1170...

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