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PEOPLE v. PAZ

No. G041327.

181 Cal.App.4th 1413 (2010)

THE PEOPLE, Plaintiff and Respondent, v. EFRAIN NEGRETE PAZ, Defendant and Appellant.

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

February 10, 2010.

Attorney(s) appearing for the Case

Richard Schwartzberg, 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, Scott C. Taylor and Marissa Bejarano, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BEDSWORTH, J.—

We deal here with a previously unreported variation on the theme of People v. Mijares (1971) 6 Cal.3d 415 [99 Cal.Rptr. 139, 491 P.2d 1115], that, under certain limited circumstances, momentary possession of contraband is not legally culpable...

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