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Name: Evidence at Hearing/Burden

A jury found appellant guilty of three counts of continuous sexual abuse of a child (Pen. Code, § 288.5, subd. (a)). The Court of Appeal agreed with appellant that the trial court erred in ordering appellant to undergo HIV testing under section 1202.1, subdivisions (a) and (e)(5)(A)(iv), because there was insufficient evidence to support probable cause to believe that appellant’s bodily fluids capable of transmitting the HIV virus came into contact with the children. The court remanded to the trial court to give the prosecution an opportunity to present additional evidence regarding this matter. The court also ordered the trial court to add one day to appellant’s presentence credits.