The People, and v. Carl Franklin Harrison, And

340 F.3d 497 THE PEOPLE, Plaintiff and Respondent, v. CARL FRANKLIN HARRISON, Defendant and Appellant. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT Filed 10/1/01 (Super. Ct. No. 513578-5 & 410784-3) APPEAL from a judgment of the Superior Court of Fresno County. Lawrence J. O'Neill, Gene Gomes, Ralph Nunez, Harry N. Papadakis and Stephen J. Kane, Judges. 1 Kyle Gee, under appointment by the Court of Appeal, for Defendant and Appellant. 2 Bill Lockyer, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Senior Assistant Attorney General, Michael J. Weinberger, Thomas Y. Shigemoto and Tony L. Nunley, Deputy Attorney Generals, for Plaintiff and Respondent. 3 CERTIFIED FOR PARTIAL PUBLICATION * OPINION 4 On December 13, 1989, the first of several informations was filed in Fresno County Superior Court against appellant Carl Franklin Harrison. On November 2, 1994, a jury convicted him as follows: 5 * Count one: Penal Code 1 section 286, subdivision (c) (forcible sodomy with child under age 14 and more than 10 years younger than Harrison; victim Tony R.); 6 * Counts two through six: Section 288a, subdivision (c)…