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PEOPLE v. MAYBERRY

No. C053116.

72 Cal.Rptr.3d 712 (2008)

160 Cal.App.4th 165

The PEOPLE, Plaintiff and Respondent, v. Rickey Lee MAYBERRY, Defendant and Appellant.

Court of Appeal of California, Third District.

February 15, 2008.

Attorney(s) appearing for the Case

Gideon Margolis, El Cajon, 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, Charles A. French, Supervising Deputy Attorney General, Jennifer M. Poe, Deputy Attorney General, for Plaintiff and Respondent.

CERTIFIED FOR PARTIAL PUBLICATION.1

BLEASE, Acting P.J.

The defendant Rickey Lee Mayberry battered the victim with a standard weighted workout glove containing sand in the palm area. A jury found him guilty of battery with serious bodily injury (§ 243, subd. (d), count one)2 and possession of a dangerous weapon. (§ 12020, subd. (a)(1), count two.)3

Defendant...

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