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PEOPLE v. MARES

Nos. E039762, E042136.

66 Cal.Rptr.3d 580 (2007)

155 Cal.App.4th 1007

The PEOPLE, Plaintiff and Respondent, v. Omar MARES, Defendant and Appellant. In re Omar Mares, on Habeas Corpus.

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

As Modified October 5, 2007.

Attorney(s) appearing for the Case

Daphne Sykes Scott, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Rhonda Cart-wright-Ladendorf, Supervising Deputy Attorney General, and Kristen K. Chenelia, Deputy Attorney General, for Plaintiff and Respondent.

Certified for Partial Publication.*

OPINION

MILLER, J.

I.

INTRODUCTION

Defendant Omar Mares 1 walked into a bank, armed with a car dealership's bank account number, and allegedly asked the bank teller, "Is this my account?" Without verifying that the account actually belonged to defendant, the teller gave him $5,000 from the dealership's account. The teller also gave defendant...

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