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PEOPLE v. REYES

No. C053778.

72 Cal.Rptr.3d 586 (2008)

160 Cal.App.4th 246

The PEOPLE, Plaintiff and Respondent, v. Ivan REYES, Defendant and Appellant.

Court of Appeal of California, Third District.

February 20, 2008.

Attorney(s) appearing for the Case

Rex Williams, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, J. Robert Jibson, Supervising Deputy Attorney General, Peter H. Smith, Deputy Attorney General, for Plaintiff and Respondent.

CERTIFIED FOR PARTIAL PUBLICATION.*

ROBIE, J.

Defendant Ivan Reyes appeals from his convictions in case No. 06F3055 for making criminal threats and misdemeanor spousal battery. He contends CALCRIM No. 852 violated his right to due process because it allowed the jury to found him guilty based solely on uncharged acts found by a preponderance of the evidence. In the published portion of this opinion, we reject this claim.

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