PEOPLE v. KUWATA (1994)

Supreme Court of California,In Bank.

PEOPLE, Appellant, v. Toshi KUWATA, Respondent.

No. S035672.

Decided: September 22, 1994

Pursuant to California Rules of Court, rule 29.4(e), the above-entitled cause is transferred to the Court of Appeal, Second Appellate District, Division Six, with directions to vacate its opinion and dismiss the appeal as moot in light of Penal Code section 1170.1, subdivision (h), as amended by Statutes 1993, chapter 611, section 17.98. (People v. Babylon (1985) 39 Cal.3d 719, 722, 216 Cal.Rptr. 123, 702 P.2d 205.)

MOSK, KENNARD, BAXTER and WERDEGAR, JJ., concur.

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