P. v. Guerrero
Defendant appeals from the judgment entered following a jury trial in which he was convicted of five counts of forcible lewd acts with one child, two counts of lewd acts with a second child, and one count of lewd acts with a third child, with further findings that the victims were vulnerable and defendant took advantage of a position of trust in the commission of the offenses. Defendant contends that the trial court erred in excluding evidence going to one of the victim's credibility, denying his motion to preclude testimony based on an enhanced tape recording, and discharging a juror during deliberations. Court find prejudicial error in the discharge of the deliberating juror and on that basis reverse without discussion of defendant's other issues, which are unlikely to arise in the same context, if at all, on retrial.
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