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PEOPLE v. ELGUERA

Docket No. A054171.

8 Cal.App.4th 1214 (1992)

10 Cal. Rptr.2d 910

THE PEOPLE, Plaintiff and Respondent, v. JOSE ELGUERA, Defendant and Appellant.

Court of Appeals of California, First District, Division Three.

August 19, 1992.

Attorney(s) appearing for the Case

COUNSEL

Steven Fama, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, John H. Sugiyama, Assistant Attorney General, Ronald S. Matthias and Jeremy Friedlander, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

WERDEGAR, J.

Jose Elguera appeals his conviction for possessing a sharp instrument while confined in state prison (Pen. Code, § 4502).1 He seeks reversal on the ground the trial court omitted the standard instruction on the presumption of innocence and the prosecution's burden of proof beyond a reasonable doubt (CALJIC No. 2.90 (5th ed. 1988 bound vol.))2 from...

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