P.
P. v. Burke CA4/1
Opinion
Opinion
Nares, J.
Filed 3/19/13 P. v. Burke CA4/
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D060899
Plaintiff and Respondent,
v. (Super. Ct. No. SCE302930)
GARFIELD BURKE,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Patricia K.
Cookson, Judge. Reversed and remanded for a new trial.
A jury convicted Garfield Burke of two counts of committing a lewd act upon
Terese G., a child under the age of 14, in violation of Penal Code section 288, subdivision
(a) (counts 3 & 8). As to count 3, the jury found true an allegation that Burke had
engaged in substantial sexual conduct with a child under 14 years of age during the
commission of that crime (Pen. Code,…