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PEOPLE v. SMITH

Docket No. F004009.

166 Cal.App.3d 1003 (1985)

212 Cal. Rptr. 737

THE PEOPLE, Plaintiff and Respondent, v. DANIEL SMITH, Defendant and Appellant.

Court of Appeals of California, Fifth District.

March 28, 1985.

Attorney(s) appearing for the Case

COUNSEL

Quin Denvir and Frank O. Bell, Jr., State Public Defenders, under appointment by the Court of Appeal, and Julia Cline Newcomb, Deputy State Public Defender, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Jane N. Kirkland, Edmund D. McMurray and Wanda Hill Rouzan, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

THE COURT.*

In Kern County Superior Court action No. 23158, appellant was convicted after jury trial of forcible rape and being an ex-felon in the possession of a firearm. A jury found that appellant had used a firearm in the commission of the rape. In Kern County Superior Court action No. 23290, consolidated for trial with action No. 23158, appellant was convicted of a separate count of being...

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