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PEOPLE v. BENITEZ

No. G041201.

182 Cal.App.4th 194 (2010)

THE PEOPLE, Plaintiff and Respondent, v. SAMUEL BENITEZ, Defendant and Appellant.

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

February 24, 2010.

Attorney(s) appearing for the Case

Lewis A. Wenzell, 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, Gil Gonzalez, Andrew Mestman and Lynne G. McGinnis, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

RYLAARSDAM, J.—

A jury found defendant Samuel Benitez guilty of resisting an officer (Pen. Code, § 69), possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), and misdemeanor resisting an officer (Pen. Code, § 148). The court sentenced him to three years' probation plus 180 days in custody to be served on weekends.

After defendant objected on the...

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