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PEOPLE v. EPPS

No. B121438.

87 Cal.Rptr.2d 373 (1999)

The PEOPLE, Plaintiff and Respondent, v. Dennis Lee EPPS, Defendant and Appellant.

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

As Modified on Denial of Rehearing August 31, 1999.

Review Granted November 17, 1999.

Attorney(s) appearing for the Case

Marilyn Drath, San Rafael, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, William T. Harter, Supervising Deputy Attorney General, and Noah P. Hill, Deputy Attorney General, for Plaintiff and Respondent.

CURRY, J.

PROCEDURAL BACKGROUND

On November 14, 1997, a six-count information was filed against appellant Dennis Lee Epps. Counts 1 and 6 charged appellant with assault with a firearm (Pen.Code, § 245, subd. (a)(2))1 and included an allegation that appellant personally used a firearm (§ 12022.5, subds.(a) & (d)). Count 2 charged appellant with possession of a firearm by a felon (§ 12021, subd. (a)(1)). Count...

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