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PEOPLE v. KENNEDY

No. H035687.

194 Cal.App.4th 1484 (2011)

THE PEOPLE, Plaintiff and Respondent, v. BRIAN ROGER KENNEDY, Defendant and Appellant.

Court of Appeals of California, Sixth District.

May 4, 2011.

Attorney(s) appearing for the Case

Nolan, Armstrong & Barton and Daniel L. Barton for Defendant and Appellant.

Edmund G. Brown, Jr. , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Gerald A. Engler , Assistant Attorney General, Seth K. Schalit and Lisa Ashley Ott , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BAMATTRE-MANOUKIAN, J.—

In 2009, defendant Brian Roger Kennedy filed a postjudgment motion for a reduction of his 2008 conviction for attempting to distribute harmful matter to a minor by the Internet (Pen. Code, §§ 664, 288.2, subd. (b))1 from a felony to a misdemeanor (§ 17, subd. (b)(3)). After the trial court granted the motion...

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