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PEOPLE v. KELLY

Docket No. 35988.

163 Cal.App.3d 619 (1985)

209 Cal. Rptr. 634

THE PEOPLE, Plaintiff and Respondent, v. OWENS DWAYNE KELLY, Defendant and Appellant.

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

January 14, 1985.

Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, and Edward H. Schulman, Deputy State Public Defender, for Defendant and Appellant.

George Deukmejian, Attorney General, Norman H. Sokolow and Howard J. Schwab, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

ASHBY, J.

This case has been remanded to us by the California Supreme Court for reconsideration in light of Carlos v. Superior Court (1983) 35 Cal.3d 131 [197 Cal.Rptr. 79, 672 P.2d 862], and People v. Garcia (1984) 36 Cal.3d 539 [

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