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PEOPLE v. STEWART

No. D032206.

91 Cal.Rptr.2d 888 (2000)

77 Cal.App.4th 785

The PEOPLE, Plaintiff and Respondent, v. Willie STEWART, Jr., Defendant and Appellant.

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

As Modified January 21, 2000.

Review Denied April 12, 2000.

Attorney(s) appearing for the Case

Jeffrey J. Stuetz, under appointment by the Court of Appeal; and Waldemar Halka, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Janelle M. Boustany and Jean Hume, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.*

HUFFMAN, J.

A jury convicted Willie Stewart, Jr. (Stewart) of assaulting a child under the age of eight years in his custody and care by means of force that to a reasonable person would be likely to produce great bodily injury (GBI) resulting in the child's death. (Pen.Code § 273ab.1) Subsequently, the trial court found true Stewart had suffered two out-of-state...

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