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PEOPLE v. PHILPOT

No. E034238.

19 Cal.Rptr.3d 280 (2004)

122 Cal.App.4th 893

The PEOPLE, Plaintiff and Respondent, v. Dave Edward PHILPOT, Defendant and Appellant.

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

As Modified September 27, 2004.

As Modified on Denial of Rehearing October 27, 2004.

Review Denied December 1, 2004.

Attorney(s) appearing for the Case

Anthony J. Dain, San Diego, 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, Senior Assistant Attorney General, A. Natasha Cortina and Lise Jacobson, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

RICHLI, J.

A jury found defendant guilty of two counts of unlawfully taking or driving a vehicle (Veh.Code, § 10851, subd. (a)) (counts 1 and 2); one count of grand theft of personal property (Pen.Code, § 487, subd. (a))1 (count 3); and one count of misdemeanor battery (§ 242) (count 4). The jury also found true that defendant had sustained three prior...

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