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PEOPLE v. PAYSINGER

No. C059448.

174 Cal.App.4th 26 (2009)

___ Cal.Rptr.3d ___

THE PEOPLE, Plaintiff and Respondent, v. TACARE DESEAN PAYSINGER, Defendant and Appellant.

Court of Appeals of California, Third District.

CERTIFIED FOR PARTIAL PUBLICATION

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, Michael P. Farrell, Assistant Attorney General, Charles A. French and Peter H. Smith, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

ROBIE, J.—

Convicted of second degree robbery and placed on five years' probation, defendant Tacare Desean Paysinger appeals, arguing (1) the flight instruction the trial court gave (CALCRIM No. 372) was unconstitutional and not supported by substantial evidence; (2) his conviction must be reduced to grand theft because that was all the actual perpetrator (codefendant Pham) was...

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