P. v. Allen
Defendant Brian Keith Allen was charged with six counts of lewd and lascivious conduct with a minor under the age of 14 (Pen. Code, 288, subd. (a)),[1] three counts involving F. and three counts involving J.[2] Defendant was convicted by jury of two of the counts involving F. The jury found him not guilty of the third count involving F. and not guilty of the three felony counts involving J. However, with regard to each of the counts involving J., the jury found defendant guilty of the lesser-included offense of misdemeanor simple assault ( 240). The jury found the enhancement allegation that defendant had committed lewd and lascivious acts on more than one child under the age of 14 not true. It also made special findings related to the statute of limitations on the charges involving J.
Court have requested and received an informal response from the Attorney General and a reply from the defendant in a letter brief. Upon filing the opinion in this case, Court also issue an order to show cause before the superior court why defendant is not entitled to the relief requested.
The judgment is affirmed.
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