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P. v. Stewart

Defendant Deante Stewart appeals after conviction of two counts of second degree robbery, one count of assault with a firearm, and one count of possession of a firearm by a convicted felon. (Pen. Code, §§ 211, 245, subd. (a)(2), 29800, subd. (a)(1).)[1] Defendant personally used a firearm in each of the first three counts and had one prior strike conviction and one violent prison prior. (§§ 667, subd. (b)-(i), 667.5, subd. (b), 1170.12, subds. (a)-(d), 12022.5, subd. (a)(1), 12022.53, subd. (b).) He was sentenced to more than 21 years in prison. He claims his convictions must be reversed because he was denied discovery of a police report relating to a similar crime committed while he was in custody by an individual with a similar appearance, and because the court did not allow him to present a third party culpability defense based on that other crime. We find no error and we affirm.

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