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PEOPLE v. McGOWAN

No. C054075.

74 Cal.Rptr.3d 57 (2008)

160 Cal.App.4th 1099

The PEOPLE, Plaintiff and Respondent, v. Michael Jeston McGOWAN, Defendant and Appellant.

Court of Appeal of California, Third District.

March 10, 2008.

Attorney(s) appearing for the Case

Law Office of Philip M. Brooks and Philip M. Brooks, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Michael P. Farrell, Assistant Attorneys General, Carlos A. Martinez and Marcia A. Fay, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.*

SIMS, Acting P.J.

Defendant Michael McGowan contends his convictions for sexual penetration by a foreign object by use of force (Pen.Code, § 289, subd. (a)(1)) and misdemeanor sexual battery (Pen.Code, § 243.4, subd. (e)(1)) must be reversed because of two interlocking jury instructional errors.1 First, defendant argues the trial court erred by instructing...

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