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PEOPLE v. DELGADO

Docket No. F010343.

210 Cal.App.3d 458 (1989)

258 Cal. Rptr. 365

THE PEOPLE, Plaintiff and Respondent, v. JESUS OROZCO DELGADO, JR., Defendant and Appellant.

Court of Appeals of California, Fifth District.

May 11, 1989.

Attorney(s) appearing for the Case

COUNSEL

Michael J. Wong, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, W. Scott Thorpe, Roger E. Venturi and Janet Neeley Kvarme, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

HAMLIN, Acting P.J.

Jesus Orozco Delgado, Jr. was convicted after court trial of trespass and vandalism as lesser related offenses of the charged offense of residential burglary. On appeal from the order granting probation, he contends that both convictions are invalid because he did not consent, either expressly or impliedly, to the uncharged lesser related offenses. For reasons to be stated, we will agree.

FACTS...

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