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PEOPLE v. MILLER

No. E049206.

187 Cal.App.4th 902 (2010)

114 Cal. Rptr. 3d 629

THE PEOPLE, Plaintiff and Appellant, v. EDWARD LORENZO MILLER, JR., Defendant and Respondent.

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

August 20, 2010.

Attorney(s) appearing for the Case

Rod Pacheco, District Attorney, Alan D. Tate and Kelli Catlett, Deputy District Attorneys, for Plaintiff and Appellant.

Barbara A. Smith, under appointment by the Court of Appeal, for Defendant and Respondent.

OPINION

RAMIREZ, P. J.—

A jury convicted Edward Lorenzo Miller, Jr., defendant, of sexual penetration of a minor (Pen. Code, § 288.7, subd. (b)).1 Defendant's motion for a new trial was granted by the trial court. The People appeal, claiming the trial court abused its discretion in granting the new trial motion. (People v. Coffman and Marlow (2004) 34 Cal.4th 1, 127 ...

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