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PEOPLE v. DURAN

No. B174703.

21 Cal.Rptr.3d 495 (2004)

124 Cal.App.4th 666

The PEOPLE, Plaintiff and Appellant, v. Martha DURAN, Defendant and Respondent.

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

As Modified on Denial of Rehearing December 22, 2004.

Review Denied February 23, 2005.

Attorney(s) appearing for the Case

Gregory Totten, District Attorney, County of Ventura, Michelle J. Contois, Senior Deputy District Attorney, for Appellant.

Susan B. Lascher, under appointment by the Court of Appeal, Ventura, for Respondent.

YEGAN, J.

The People ask that we become legal obstetricians and help deliver a newborn crime of "attempted possession of a firearm by a felon" (Pen.Code §§ 664/12021).1 We are cited to no published California case where a defendant was convicted of such a crime. We need not and do not speculate whether there can be such a crime based on a theoretical set of facts. As we shall explain, given the facts of the instant case, i.e...

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