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PEOPLE v. SPARKS

No. D034981.

106 Cal.Rptr.2d 409 (2001)

88 Cal.App.4th 1054

The PEOPLE, Plaintiff and Respondent, v. Michael Joseph SPARKS, Defendant and Appellant.

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

Rehearing Denied May 30, 2001.

Review Granted August 15, 2001.

Attorney(s) appearing for the Case

Robert E. Boyce, under appointment by the Court of Appeal, San Diego, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Garrett Beaumont and Elizabeth A. Hartwig, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.1

McDONALD, J.

Michael Joseph Sparks appeals a judgment following his jury conviction of one count of residential burglary (Pen.Code, §§ 459, 460, subd. (a))2 and one count of forcible rape (§ 261, subd. (a)(2)). The jury made true findings on allegations that: (1) in committing the residential burglary Sparks personally used a deadly or dangerous weapon...

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