P. v. Phillips CA1/1
The following facts were set forth in this court’s prior nonpublished opinion, People v. Superior Court (Phillips) (Feb. 5, 2010, A124599) (Phillips I): Defendant was charged by amended information with committing a lewd act on a child under the age of 14 (John Doe 3) (§ 288, subd. (a); count 1), videotaping a child engaged in sexual activity (John Doe 1) (§ 311.4, subd. (c); count 2), three counts of surreptitiously recording a confidential communication (sexual conduct) without the victim’s consent (§ 632, subd. (a); counts 3, 6, & 8), exhibiting a videotape of a child engaged in sexual activity to a child (§ 311.2, subd. (d); count 4), exhibiting a videotape of a child engaged in sexual activity to an adult (§ 311.1, subd. (a); count 5), photographing a child (John Doe 2) engaged in sexual activity for commercial purposes (§ 311.4, subd. (b); count 7), and dissuading a witness (John Doe 2) (§ 136.1, subd. (b)(1); count 9).
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