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PEOPLE v. RODGERS

No. E034205.

33 Cal.Rptr.3d 163 (2005)

The PEOPLE, Plaintiff and Respondent, v. Otis Lee RODGERS, Defendant and Appellant.

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

August 18, 2005.

Attorney(s) appearing for the Case

Mark S. Devore, under appointment by the Court of Appeal, Irvine, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gill P. Gonzalez, Supervising Deputy Attorney General, and Stacy A. Tyler, Deputy Attorney General, for Plaintiff and Respondent.

Certified for Partial Publication.*

OPINION

KING, J.

I. INTRODUCTION

Defendant was convicted by a jury of assault with a firearm (Pen.Code, § 245, subd. (a)(2); count 1),1 possession of a firearm by a convicted felon (§ 12021, subd. (a)(1); count 2), possession of ammunition by a convicted felon (§ 12316, subd. (b)(1...

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