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PEOPLE v. POE

Docket No. 5933.

145 Cal.App.3d 574 (1983)

193 Cal. Rptr. 479

THE PEOPLE, Plaintiff and Respondent, v. JAMES POE, Defendant and Appellant.

Court of Appeals of California, Fifth District.

July 28, 1983.

Attorney(s) appearing for the Case

COUNSEL

C. Jean Cain and Quin Denvir, State Public Defender, under appointments by the Court of Appeal, and Roy M. Dahlberg, Deputy State Public Defender, for Defendant and Appellant.

George Deukmejian and John K. Van de Kamp, Attorneys General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Gregory W. Baugher and Jana L. Tuton, Deputy Attorneys General, for Plaintiff and Respondent.

[Opinion certified for partial publication.*]

OPINION

BROWN (G.A.), P.J.

Appellant, James Poe, appeals from a judgment of conviction of unlawfully possessing a sharp instrument while confined in state prison (Pen. Code, § 4502).

Though he raises several points on appeal, the principal issue is whether the trial court erred in refusing to dismiss the case because prison authorities...

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