P. v. Marian
A jury convicted Jason Alan Marian of possessing child pornography (Pen. Code, § 311.11, subd. (a); all further undesignated statutory references are to this code), six counts of using a minor to produce material depicting sexual conduct (§ 311.4, subd. (c)), secretly filming another with intent to arouse, a misdemeanor (§ 647, subd. (j)(2)), two counts of sexual penetration of a minor by a foreign object (§ 289, subd. (h)), and two counts of oral copulation of a minor (§ 288a, subd. (b)(1)). The trial court granted Marian a new trial on one count of use of a minor in material depicting sexual conduct and one count of sexual penetration with a foreign object (the beach charges), the prosecutor declined to retry those charges, and the trial court sentenced Marian to an aggregate prison term of two years and eight months. Marian argues his convictions must be reversed because the trial court should have granted his pretrial motions to sever charges arising from his surreptitious filming of his 12- to 14-year-old dance students from charges of sexual penetration and oral copulation of his 15-year-old student, Mary F. He contends the trial court erred in failing to grant his new trial motion on all of his convictions. As we explain, none of these contentions has merit, and we therefore affirm the judgment.
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