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PEOPLE v. SHEAR

No. C029415.

83 Cal.Rptr.2d 707 (1999)

71 Cal.App.4th 278

The PEOPLE, Plaintiff and Respondent, v. Mark Russell SHEAR, Defendant and Appellant.

Court of Appeals of California, Third District.

Review Denied July 28, 1999.

Attorney(s) appearing for the Case

Alfons G. Wagner, under appointment by the Court of Appeal, Oakland, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George H. Williamson, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, and W. Scott Thorpe, Deputy Attorney General, for Plaintiff and Respondent.

SIMS, Acting P.J.

A jury convicted defendant Mark Russell Shear of being a convicted felon in possession of a firearm (Pen.Code, § 12021, subd. (a)(1), hereafter section 12021(a)(1); all further undesignated section references are to the Penal Code) based in part on proof that he had been convicted of the felony of "aggravated assault" in Arizona in May 1989. The trial court granted probation, including 120 days in county jail or a custody alternative program...

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