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P. v. Jesperson
Thad Andrew Jesperson, a former second and third grade school teacher at Toler Elementary School (Toler) in San Diego, appeals his eight child molestation convictions, involving four victims, after three jury trials and a bifurcated court trial. At his first trial, the jury returned a verdict convicting Jesperson of a lewd and lascivious act upon a child under the age of 14 years (Pen. Code,[1] 288, subd. (a); count 11, involving Emily A.) and found "that [Jesperson] did not commit an offense of [s]ection 288[, subdivision] (a) against more than one victim within the meaning of [s]ection 667.61[, subdivisions] (b)(c)(e)." The jury deadlocked on 12 counts alleging similar lewd and lascivious acts upon other young female students and each count's respective/attendant one strike law multiple victim allegation (counts 1 & 2 involved J.S.; counts 3, 4 & 5 involved Michelle A.; counts 6 & 7 involved K.H.; count 8 involved D.R.; counts 9 & 10 involved Renne B.; count 12 involved Aimee M.; and count 13 involved Teresa G.). The trial court declared a mistrial on these charges. Before the second trial, the court denied

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