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PEOPLE v. SMITH

No. B153102.

132 Cal.Rptr.2d 230 (2003)

107 Cal.App.4th 646

The PEOPLE, Plaintiff and Respondent, v. Terry SMITH, Defendant and Appellant.

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

Review Denied June 11, 2003.

Attorney(s) appearing for the Case

Linda Buchser, San Francisco, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Mary Sanchez, Supervising Deputy Attorney General, Alene M. Games and Deborah J. Chuang, Deputy Attorneys General, for Plaintiff and Respondent.

TURNER, P.J.

I. INTRODUCTION

Defendant, Terry Smith, appeals from his forcible rape conviction. (Pen.Code,1 § 261, subd. (a)(2).) The trial court also found that defendant had previously been convicted of two serious felonies (§§ 667, subds.(a)d), (b)-(i), 1170.12.) Defendant's sole argument on appeal is that now retired Judge Dino John Fulgoni improperly ruled at the end of a pretrial motion concerning the admissibility...

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