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PEOPLE v. SMITH

No. B229724.

THE PEOPLE, Plaintiff and Respondent, v. MARVIN GAYE SMITH, Defendant and Appellant.

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

Filed April 26, 2012.

Attorney(s) appearing for the Case

Melissa J. Kim, 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, Senior Assistant Attorney General, Scott A. Taryle and Tannaz Kouhpainezhad, Deputy Attorneys General, for Plaintiff and Respondent.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

MANELLA, J.

Appellant Marvin Gaye Smith was convicted of being a felon in possession of a firearm and ammunition. On appeal, he contends substantial evidence did not support his intent to possess the gun or establish that it fit the statutory definition of a "firearm." He further contends that by finding him not guilty of a similar offense — possession of a short-barreled shotgun — the jury returned...

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