P. v. Mitchell CA4/3
A jury convicted defendant of felony sodomy of a minor (Pen. Code, § 286, subd. (b)(1); count 1), felony oral copulation of a minor (§ 288a, subd. (b)(1); count 2); and felony distribution of harmful matter to a minor (§ 288.2, subd. (a)(1); count 3). The jury was hung on count 4, contacting a child with the intent to commit specified sex crimes (§ 288.3, subd. (a)), and the court dismissed it on the People’s motion. The jury found defendant guilty on count 5, contacting a minor with the intent to engage in lewd conduct (§ 288.4, subd. (b)), but the court granted defendant’s motion for a new trial on that count on the ground of insufficient evidence and subsequently dismissed it. The court sentenced defendant to the low term of two years on count 3, a consecutive eight months (1/3 of the midterm) on count 1, and a concurrent 16 months on count 2, for a total of two years, eight months in state prison.
Defendant’s sole argument on appeal is that the prosecutor failed to
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