People v. Austin

I respectfully dissent.

Liminally, this case should be placed in proper perspective. An affirmance of the trial judge here would not mean that the defendant Austin necessarily would go free. Insofar as the record shows in this case, Austin would still face the kidnaping charge and any additional applicable charges other than a violation of Penal Code section 288. Affirmance would mean only the particular charge of violation of Penal Code section 288 is inapplicable. No reasonable person disagrees with the statement of the majority that “children have the right to be free from lustful advances…