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PEOPLE v. VELASCO

No. H035083.

194 Cal.App.4th 1258 (2011)

THE PEOPLE, Plaintiff and Respondent, v. ERNEST JACINTO VELASCO, Defendant and Appellant.

Court of Appeals of California, Sixth District.

April 29, 2011.

Attorney(s) appearing for the Case

Christine J. Levin , under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Dane R. Gillette , Chief Assistant Attorney General, Gerald A. Engler , Assistant Attorney General, Rene A. Chacon and Bruce Ortega , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

DUFFY, J.—

Defendant Ernest Jacinto Velasco appeals from a judgment of conviction entered on a jury verdict. The jury convicted him of possessing a shank in prison. On appeal, defendant claims that the state violated his constitutional rights when prison guards failed to gather and thereafter preserve other evidence they noticed when they found the shank.

We will affirm the judgment.

PROCEDURAL BACKGROUND AND...

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