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PEOPLE v. BARNES

No. H026137.

19 Cal.Rptr.3d 229 (2004)

The PEOPLE, Plaintiff and Respondent, v. James Dupree BARNES, Defendant and Appellant.

Court of Appeals of California, Sixth District.

Review Granted December 15, 2004.

Attorney(s) appearing for the Case

Cindy A. Diamond, San Jose, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Catherine A. Rivlin, Supervising Deputy Attorney General, Ross C. Moody, Deputy Attorney General, for Plaintiff and Respondent.

Certified For Partial Publication.*

WALSH, J.**

From 3 a.m. to 5 a.m., two men lingered in a pedestrian walkway reputed to be the city's "Crack Capital." As a police officer approached, one of the men, Carlos Johnson, dropped a small baggie of cocaine base near his feet. The officer discovered that the other man, defendant James Dupree Barnes, was in...

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