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PEOPLE v. ARY

No. A113020.

173 Cal.App.4th 80 (2009)

___ Cal.Rptr.3d ___

THE PEOPLE, Plaintiff and Respondent, v. JAMES ARY, JR., Defendant and Appellant.

Court of Appeals of California, First District, Division Two.

April 20, 2009.

Attorney(s) appearing for the Case

James Kyle Gee, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Rene A. Chacon and Joan Killeen, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

KLINE, P. J.—

INTRODUCTION

In People v. Ary (2004) 118 Cal.App.4th 1016 [13 Cal.Rptr.3d 482] (Ary), we determined that defendant was denied his due process right to a fair trial under Pate v. Robinson (1966) 383 U.S. 375 [15 L...

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