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PEOPLE v. POPLAR

No. C027096.

83 Cal.Rptr.2d 320 (1999)

70 Cal.App.4th 1129

The PEOPLE, Plaintiff and Respondent, v. Nathaniel Maurice POPLAR, Defendant and Appellant.

Court of Appeals of California, Third District.

Rehearing Denied April 19, 1999.

Review Denied July 14, 1999.

Attorney(s) appearing for the Case

Richard Power, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George H. Williamson, Chief Assistant Attorney General, Robert R. Anderson, Senior Assistant Attorney General, Carlos A. Martinez, Supervising Deputy Attorney General, and Charles A. French, Deputy Attorney General, for Plaintiff and Respondent.

Certified for Partial Publication*

CALLAHAN, J.

A jury convicted defendant of forcible rape (Pen.Code, § 261, subd. (a)(2); undesignated section references are to this code). Defendant admitted a prior felony conviction for assault with a firearm (§ 245, subd. (a)(2)) within the meaning of the three strikes law (§§ 667, subds. (b)-(i), 1170.12) and for the purposes of a five-year enhancement (§ 667, subd...

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