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PEOPLE v. CORNETT

No. S189733.

53 Cal.4th 1261 (2012)

139 Cal. Rptr. 3d 837

274 P.3d 456

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL DAVID CORNETT, Defendant and Appellant.

Supreme Court of California.

April 30, 2012.

Attorney(s) appearing for the Case

Ozro William Childs , under appointment by the Supreme Court, for Defendant and Appellant.

Gary Windom , Public Defender (Riverside) and Joseph J. Martinez , Deputy Public Defender, for the Riverside County Office of the Public Defender as Amicus Curiae on behalf of Defendant and Appellant.

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Dane R. Gillette , Chief Assistant Attorney General, Gerald A. Engler , Assistant Attorney General, Laurence K. Sullivan and Moona Nandi , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

CANTIL-SAKAUYE, C. J.—

Penal Code section 288.7 makes it a felony, punishable by an indeterminate life term, for any adult to engage in specified sexual conduct "with a child who is 10 years of age or younger."1 Does the phrase "10 years of age or younger" include within its protection a child victim who is 10 years of age but has not yet reached his or her 11th birthday? Or is the phrase limited,...

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