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PEOPLE v. SWANK

No. E049650.

THE PEOPLE, Plaintiff and Respondent, v. RICHARD JAY SWANK, Defendant and Appellant.

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

Filed February 23, 2011.

Attorney(s) appearing for the Case

Amy L. Butters; Eric M. Weaver, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Gary W. Schons, Assistant Attorney General, Steve Oetting and Robin Derman, Deputy Attorneys General, for Plaintiff and Respondent.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

OPINION

MILLER, J.

A jury convicted defendant Richard Jay Swank of continuous sexual abuse of a child (count 1—Pen. Code § 288.5, subd. (a)),1 torture (count 2—§ 206), two counts of forcible sexual penetration by a foreign object (counts 3, 4—§ 289, subd. (a)(1)), four counts of forcible oral copulation (counts 5, 7, 9, 11—§ 288a...

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