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PEOPLE v. DYKE

No. A117955.

172 Cal.App.4th 1377 (2009)

___ Cal.Rptr.3d ___

THE PEOPLE, Plaintiff and Respondent, v. DAVID LAWRENCE DYKE, Defendant and Appellant.

Court of Appeals of California, First District, Division Four.

CERTIFIED FOR PARTIAL PUBLICATION

Attorney(s) appearing for the Case

Richard T. Dudek and Jeffrey Kravitz for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Martin S. Kaye and Christopher W. Grove, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

RIVERA, J.—

Defendant David Lawrence Dyke appeals a judgment entered upon a jury verdict finding him guilty of sending or exhibiting harmful matter to a minor (Pen. Code,1 § 288.2, subd. (a); count I) and misdemeanor sexual battery (§ 243.4, subd. (e)(1); count II). The court sentenced defendant to the two-year midterm on count I and stayed sentence on count II. We conclude the record does...

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