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PEOPLE v. SPIRLIN

No. E023770.

97 Cal.Rptr.2d 1 (2000)

81 Cal.App.4th 119

The PEOPLE, Plaintiff and Respondent, v. Vincent Dion SPIRLIN, Defendant and Appellant.

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

As Modified on Denial of Rehearing June 7, 2000.

Review Denied August 23, 2000.

Attorney(s) appearing for the Case

Tracy L. Emblem, under appointment by the Court of Appeal, Escondido, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Nancy Palmieri and Natasha Cortina, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.*

OPINION

HOLLENHORST, J.

I

INTRODUCTION

Following the close of the prosecution's case-in-chief in a robbery trial, the defense rested without presenting any opening statement or evidence. Defendant made a Marsden1 motion, which was denied after a hearing. Thereafter, the jury convicted defendant of committing felony robberies...

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