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PEOPLE v. SMITH

No. F058828.

THE PEOPLE, Plaintiff and Respondent, v. TIMOTHY LEE SMITH, Defendant and Appellant.

Court of Appeals of California, Fifth District.

Filed April 14, 2011.

Attorney(s) appearing for the Case

Mark Alan Hart , under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Dane R. Gillette , Chief Assistant Attorney General, Michael P. Farrell , Assistant Attorney General, Carlos A. Martinez and Christina Hitomi Simpson , Deputy Attorneys General, for Plaintiff and Respondent.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

OPINION

HILL, P.J.

In August 2009, appellant Timothy Lee Smith was tried by a jury and convicted of two counts of attempted rape of an unconscious person (Pen. Code,1 §§ 664, 261, subd. (a)(4); counts 1 & 4)2 and two counts of assault with intent to commit rape of an unconscious person (§ 220; counts 2 & 5). The court sentenced...

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