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PEOPLE v. SMITH

No. D051448.

168 Cal.App.4th 7 (2008)

THE PEOPLE, Plaintiff and Respondent, v. TYRONE LAMAR SMITH, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

November 5, 2008.

Attorney(s) appearing for the Case

Darrel J. Vandeveld, 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, Assistant Attorney General, Rhonda Cartwright-Ladendorf and Sharon L. Rhodes, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

HUFFMAN, Acting P. J.

In this case, we hold that a trial court does not violate a defendant's rights to due process and a fair trial by preinstructing the jury on the definitions of direct and circumstantial evidence under CALCRIM No. 223, without also preinstructing on the method of assessing the sufficiency of the circumstantial evidence under CALCRIM No. 224, where these instructions are fully and correctly given along with the presumption of...

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