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PEOPLE v. SUPERIOR COURT (DURAN)

Docket No. 4147.

84 Cal.App.3d 480 (1978)

148 Cal. Rptr. 698

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF MERCED COUNTY, Respondent; SHERWIN LEE DURAN, Real Party in Interest.

Court of Appeals of California, Fifth District.

August 31, 1978.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Willard F. Jones and William George Prahl, Deputy Attorneys General, for Petitioner.

No appearance for Respondent.

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, Gary S. Goodpaster and Enza Hendon, Chief Assistant State Public Defenders, Laurance Smith, Richard E. Shapiro and Mark E. Cutler, Deputy State Public Defenders, for Real Party in Interest.

OPINION

BROWN (G.A.), P.J.

Real party in interest, Sherwin Lee Duran, having been convicted of attempted robbery (Pen. Code, §§ 211, 664), was sentenced by the trial court to a term of 18 months, that period being one-half of the middle term for robbery (24 months, 36 months or 48 months) (Pen. Code, § 213).1 The sentence was imposed pursuant...

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