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PEOPLE v. MAYORGA

Docket No. B008228.

171 Cal.App.3d 929 (1985)

218 Cal. Rptr. 830

THE PEOPLE, Plaintiff and Respondent, v. VICTORIANO MAYORGA, Defendant and Appellant.

Court of Appeals of California, Second District, Division Five.

August 30, 1985.

Attorney(s) appearing for the Case

COUNSEL

Michael R. Totaro, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Robert R. Anderson and Robert C. Schneider, Deputy Attorneys General, for Plaintiff and Respondent.

[Opinion certified for partial publication.†]

OPINION

RUBIN (L.D.), J.*

On this appeal we examine the propriety of raising for the first time on a motion for new trial the claim that a defendant's rights under People v. Hitch (1974) 12 Cal.3d 641 [117 Cal.Rptr. 9,

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