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PEOPLE v. MARINELLI

No. H039416.

225 Cal.App.4th 1 (2014)

THE PEOPLE, Plaintiff and Appellant, v. ANTHONY JOSEPH MARINELLI, Defendant and Respondent.

Court of Appeals of California, Sixth District.

March 27, 2014.

Attorney(s) appearing for the Case

Jeffrey Rosen , District Attorney, and Christopher Boscia , Deputy District Attorney, for Plaintiff and Appellant.

Law Offices of Higbee & Associates, Mathew K. Higbee and Jennifer D. Strange for Defendant and Respondent.

OPINION

PREMO, J. —

This appeal presents a single question of statutory construction: whether a conviction for attempted lewd or lascivious acts on a child under 14 constitutes "any violation of [Penal Code] Section 288," which prohibits lewd or lascivious acts on a child under 14, for purposes of Penal Code section 1203.4, subdivision (b).1 We agree with our colleagues in the Fourth District that it...

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