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PEOPLE v. SMITH

No. B223181.

203 Cal.App.4th 1051 (2012)

137 Cal. Rptr. 3d 877

THE PEOPLE, Plaintiff and Respondent, v. DEWONE T. SMITH, Defendant and Appellant.

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

February 24, 2012.

Attorney(s) appearing for the Case

Melanie K. Dorian , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Lance E. Winters , Assistant Attorney General, Linda C. Johnson and Ryan M. Smith , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

MALLANO, P. J.—

Defendant Dewone T. Smith appeals from the judgment entered following a jury trial in which he was convicted of custodial possession of a weapon (Pen. Code, § 4502, subd. (a); undesignated statutory references are to the Penal Code), two counts of resisting an executive officer (§ 69), and three counts of battery by gassing (§ 243.9, subd....

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