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PEOPLE v. GARZA

No. H024041.

5 Cal.Rptr.3d 373 (2003)

112 Cal.App.4th 655

The PEOPLE, Plaintiff and Respondent, v. Carlos Ozuna GARZA, Defendant and Appellant.

Court of Appeals of California, Sixth District.

Review Granted January 14, 2004.

Attorney(s) appearing for the Case

Alan Siraco, for Appellant (Under appointment by the Court of Appeal) Carlos Ozuna Garza.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Gerald A. Engler, Supervising Deputy Attorney General, David H. Rose, Deputy Attorney General, for Respondents The People of the State of California.

RUSHING, P.J.

The defendant, Carlos Ozuna Garza, was found by police in a Lincoln Town Car that had been missing from his former employer for a week. He was under the influence of phencyclidine (PCP). A jury found the defendant guilty of auto theft, receiving or retaining stolen property (the Lincoln) and being under the influence of a controlled substance. He claims on appeal that these charges were unsupported by substantial evidence, his Marsden

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