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  5. 56 Cal.Rptr.3d 758 (2007)
 

PEOPLE v. ANDERSON

Nos. C047502, C048283.

56 Cal.Rptr.3d 758 (2007)

149 Cal.App.4th 183

The PEOPLE, Plaintiff and Respondent, v. Barry Lane ANDERSON, Defendant and Appellant.

Court of Appeal of California, Third District.

As Modified April 13, 2007.

Attorney(s) appearing for the Case

Kat Kozik, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., and Bill Lockyer, Attorneys General, Dane R. Gillette and Robert R. Anderson, Chief Assistant Attorneys General, Michael P. Farrell and Mary Jo Graves, Senior Assistant Attorneys General, Charles A French, Supervising Deputy Attorney General, Brook Bennigson, Deputy Attorney General, for Plaintiff and Respondent.

Certified for Partial Publication.*

HULL, J.

At his first trial, defendant was convicted by a jury of a lewd and lascivious act with a child under the age of 14 years (Pen.Code, § 288, subd. (a); unspecified section references that follow are to the Penal Code), an attempted lewd and lascivious act with a child under the age of 14 years (§§ 664/288, subd. (a)), and 11 counts of possessing child pornography (§...

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