California Court of Appeal

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People v. Garcia, B205182

Order modifying opinion changed court's judgment to reflect: 1) count 3 was not a serious felony and therefore no section 667, subdivision (a)(1) five-year prior conviction enhancement applied to count 3; 2) upon close review of the record, the court discovered an error in the verdict form related to the prior convictions allegations; 3) the calculations as to the counts 5 and 6 sentences were the same as to the offense itself and therefore the trial court must decide whether to strike or impose all or any of the three one-year section 667.5, subdivision (b) enhancements; and 4) as to counts 8 and 9, the trial court must decide whether to strike or impose any or all of the three one-year section 667.5, subdivision (b) enhancements.

Appellate Information

  • Decided 12/02/2008
  • Published 12/02/2008

Judges

  • TURNER, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Randy S. Kravis, Santa Monica, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Margaret E. Maxwell and Chung L. Mar, Deputy Attorneys General, for Plaintiff and Respondent.
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