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PEOPLE v. PERRY

No. B193654.

65 Cal.Rptr.3d 654 (2007)

154 Cal.App.4th 1521

The PEOPLE, Plaintiff and Respondent, v. Dwight PERRY, Defendant and Appellant.

Court of Appeal of California, Second District, Division Eight.

September 11, 2007.

Attorney(s) appearing for the Case

Stephen M. Hinkle, 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, Senior Assistant Attorney General, Susan D. Martynec and Ellen Birnbaum Kehr, Deputy Attorneys General, for Plaintiff and Respondent.

BOLAND, J.

INTRODUCTION

Appellant Dwight Perry challenges his second degree robbery and vehicular burglary convictions on the grounds that the evidence was insufficient and Penal Code section 654 precludes punishment on both counts. We conclude substantial evidence supports appellant's convictions. Penal Code section 654 requires a stay of the sentence for vehicular burglary.

BACKGROUND AND PROCEDURAL HISTORY

Juan Cruz returned to his car...

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