P. v. Scott 2/14/07 CA4/2

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: E039093

Case Date: 05/17/2007

Preview:Filed 2/14/07 CERTIFIED FOR PARTIAL PUBLICATION*

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, v. GERRY GLENN SCOTT, Defendant and Appellant. E039093 (Super.Ct.No. FSB047504) OPINION

APPEAL from the Superior Court of San Bernardino County. Kenneth Barr, Judge. Affirmed with directions. William Flenniken, Jr., under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Steve Oetting, Supervising

Pursuant to California Rules of Court, rules 976(b) and 976.1, this opinion is certified for publication with the exception of part III. B.

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1

Deputy Attorney General, and Robert M. Foster, Deputy Attorney General, for Plaintiff and Respondent. I. INTRODUCTION A jury found defendant guilty of violating Penal Code section 2851 (incest), based on evidence that he had sexual intercourse with his 18-year-old daughter. In a bifurcated trial, the trial court found that defendant had one prior strike conviction, a 1991 robbery conviction. (

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