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PEOPLE v. THIMMES

No. H028897.

41 Cal.Rptr.3d 925 (2006)

138 Cal.App.4th 1207

The PEOPLE, Plaintiff and Respondent, v. David Michael THIMMES, Defendant and Appellant.

Court of Appeals of California, Sixth District.

April 26, 2006.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Martin S. Kaye, Supervising Deputy Attorney General, Michael E. Banister, Deputy Attorney General, for Plaintiff/Respondent The People.

Under appointment by the Court of Appeal Gloria C. Cohen, for Defendant/Appellant David M. Thimmes.

PREMO, J.

A five-count complaint charged defendant David Michael Thimmes with possession of cocaine (Health & Saf.Code, § 11350, subd. (a), count 1), being under the influence of a controlled substance (id., § 11550, subd. (a), count 2), possession of paraphernalia (id., § 11364, count 3), and violation of a protective order (Pen.Code, § 273.6, subd. (a), counts 4 and 5).1 Count 1 was the only felony...

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