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PEOPLE v. PONCE

No. B209918

173 Cal.App.4th 378 (2009)

___ Cal.Rptr.3d ___

THE PEOPLE, Plaintiff and Respondent, v. RUBEN PONCE, Defendant and Appellant.

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

March 25, 2009.

Attorney(s) appearing for the Case

John F. Schuck, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Scott A. Taryle and Douglas L. Wilson, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

GILBERT, P. J. —

Here we advise judicial restraint when issuing a restraining order.

Ruben Ponce appeals a sentencing order made after his no contest plea to second degree robbery (Pen. Code, § 211) and his admission that he committed the offense for the benefit of a street gang (§ 186.22, subd. (b)(1)(C)).1 Ponce was sentenced to an aggregate term of 13 years in state prison. We...

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