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PEOPLE v. SMITH

No. B212368.

179 Cal.App.4th 986 (2009)

THE PEOPLE, Plaintiff and Respondent, v. PHOEBUS VINCENT SMITH, Defendant and Appellant.

Court of Appeals of California, Second District, Division Four.

November 25, 2009.

Attorney(s) appearing for the Case

Mark S. Givens, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Susan D. Martynec and Lance E. Winters, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

MANELLA, J.—

Defendant Phoebus Vincent Smith was charged in a 118-count information with 33 counts of grand theft (Pen. Code, § 487, subd. (a)); 33 counts of sale of unqualified securities (Corp. Code, §§ 25110, 25540, subd. (a)); 33 counts of using false statements to sell securities (Corp. Code, §§ 25401, 25540, subd. (a)); and one count of using a scheme to defraud in

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