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PEOPLE v. SMITH

No. D026997.

76 Cal.Rptr.2d 75 (1998)

64 Cal.App.4th 1458

The PEOPLE, Plaintiff and Respondent, v. Victor James SMITH, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

Review Denied October 14, 1998.

Attorney(s) appearing for the Case

A. Jane Fulton, under appointment by the Court of Appeal, Laguna Beach, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George H. Williamson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Pamela A. Ratner and Douglas P. Danzig, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.1

BENKE, Acting Presiding Justice.

In this case we conclude the failure to seek a judgment of acquittal at the close of the prosecution's case in chief pursuant to Penal Code2 section 1118.1 waives argument on appeal that the evidence was insufficient at that point to support conviction.

Victor James Smith was found guilty of two counts of burglary, receiving...

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