PEOPLE v. SCOTT

Nos. D033131, D033902.

100 Cal.Rptr.2d 70 (2000)

83 Cal.App.4th 784

The PEOPLE, Plaintiff and Respondent, v. Lionel Andrew SCOTT, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

Review Denied January 10, 2001.


Attorney(s) appearing for the Case

Steven Schorr, San Diego, under appointment by the Court of Appeal, for Defendant and Appellant Lionel Andrew Scott.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Janelle M. Boustany, Supervising Deputy Attorney General and Jean Hume, Deputy Attorney General, for Plaintiff and Respondent.


Certified for Partial Publication.1

HALLER, J.

In the first of two trials, a jury found Lionel Andrew Scott guilty of unlawful sexual intercourse by a person 21 years or older with a minor under 16 years of age (Pen.Code,2 § 261.5, subd. (d)), and two counts of oral copulation by a person over 21 years of age on a person under 16 years of age (§ 288a, subd. (b)(2)), but was unable to reach...

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