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PEOPLE v. GIAI VAN NGO

No. H038673.

225 Cal.App.4th 126 (2014)

170 Cal. Rptr. 3d 90

THE PEOPLE, Plaintiff and Respondent, v. GIAI VAN NGO, Defendant and Appellant.

Court of Appeals of California, Sixth District.

As modified April 25, 2014.

Attorney(s) appearing for the Case

Thomas M. Singman , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Gerald A. Engler , Assistant Attorney General, Masha M. Dabiza and Christopher J. Wei , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

MÁRQUEZ, J. —

Defendant Giai Van Ngo was first tried by jury in 2011 for the conduct at issue in this appeal. The jury hung on all counts, and defendant was tried again in 2012. The second jury found defendant guilty on four counts: "Count One" — sexual penetration with a child aged 10 or younger; "Counts Two" and "Count Four" — lewd or lascivious acts on a child by force; and "Count Three" — simple battery...

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