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PEOPLE v. PIGAGE

No. G029933

6 Cal.Rptr.3d 88 (2003)

112 Cal.App.4th 1359

The PEOPLE, Plaintiff and Respondent, v. Stephen Walter PIGAGE, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three

As Modified on Denial of Rehearing November 21, 2003

Review Denied January 22, 2004.

Attorney(s) appearing for the Case

Joanna McKim, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Lilia E. Garcia and Douglas P. Danzig, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

MOORE, J.

A jury convicted defendant Stephen Walter Pigage of possession of ephedrine and pseudoephedrine with the intent to manufacture methamphetamine (count one) and possession of methamphetamine as a lesser included offense to possession of methamphetamine for sale (count two). The jury also found true allegations defendant served a prior prison term.

Defendant challenges the court's denial of his Marsden1

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