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PEOPLE v. PHELPS

No. C038176.

127 Cal.Rptr.2d 243 (2002)

103 Cal.App.4th 923

The PEOPLE, Plaintiff and Respondent, v. Stephen PHELPS, Defendant and Appellant.

Court of Appeals of California, Third District.

Rehearing Granted December 16, 2002.

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, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Senior Assistant Attorney General, Stephen G. Herndon and David Andrew Eldridge, Deputy Attorneys General, for Plaintiff and Respondent.

MORRISON, J.

A jury convicted defendant Stephen Phelps of making criminal threats (Pen. Code, § 4221), a felony, failure to appear while on bail (§ 1320.5), a felony, and two counts of violating a court order (§ 273.6, subd. (a)), a misdemeanor. The trial court found that defendant had been released from custody (on bail) when he committed the failure to appear. (§ 12022...

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