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PEOPLE v. SAYRES

No. B188303.

58 Cal.Rptr.3d 823 (2007)

150 Cal.App.4th 1040

The PEOPLE, Plaintiff and Respondent, v. Tadashi N. SAYRES, Defendant and Appellant.

Court of Appeal of California, Second District, Division Four.

May 15, 2007.

Attorney(s) appearing for the Case

Richard D. Miggins, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Susan Sullivan Pithey and Susan S. Kim, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.*

WILLHITE, J.

A jury convicted defendant Tadashi Sayres of two counts of forcible rape (§ 261, subd. (a)(2)),1 and round true the allegations in each count that he personally used a deadly weapon (a knife) (§ 12022.3, subd. (a)) and that he committed the crimes during the commission of burglary while using a deadly weapon (§ 667.61, subds. (a) &...

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