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PEOPLE v. BURNS

No. C063603.

198 Cal.App.4th 726 (2011)

131 Cal. Rptr. 3d 121

THE PEOPLE, Plaintiff and Respondent, v. DWAYNE BRIAN BURNS, Defendant and Appellant.

Court of Appeals of California, Third District.

As modified September 13, 2011.

Attorney(s) appearing for the Case

Barbara A. Smith , 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, Charles A. French and Brook Bennigson , Deputy Attorneys General, for Plaintiff and Respondent.

CERTIFIED FOR PARTIAL PUBLICATION*

OPINION

NICHOLSON, J.—

Defendant Dwayne Brian Burns went into someone else's home at around 4:00 in the morning looking for a woman with whom he had a "quasi-romantic" and "quasi-sexual" relationship. When he found her in the bed of one of the residents of the home, he pepper sprayed two of the residents...

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