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PEOPLE v. SMITH

No. C061805.

191 Cal.App.4th 199 (2010)

THE PEOPLE, Plaintiff and Respondent, v. LARRY STEVEN SMITH, Defendant and Appellant.

Court of Appeals of California, Third District.

December 22, 2010.

Attorney(s) appearing for the Case

Mark D. Greenberg , under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr. , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Michael P. Farrell , Assistant Attorney General, Catherine Chatman and Jesse Witt , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

ROBIE, Acting P. J.—

A jury found defendant Larry Steven Smith guilty of rape of an intoxicated woman (count I), rape of an unconscious woman (count II), and misdemeanor sexual battery. The trial court sentenced defendant to prison for eight years (the upper term on count I, with the terms on the other two counts run concurrently and stayed under Pen. Code, § 654).

On appeal, defendant contends (1) the...

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