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PEOPLE v. BUTLER

Docket No. 11406.

107 Cal.App.3d 251 (1980)

165 Cal. Rptr. 709

THE PEOPLE, Plaintiff and Respondent, v. KEITH L. BUTLER, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

June 23, 1980.

Attorney(s) appearing for the Case

COUNSEL

Appellate Defenders, Inc., under appointment by the Court of Appeal, Carolyn Sutton and Victoria Sleeth for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Harley D. Mayfield and Yvonne H. Behart, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

COLOGNE, Acting P.J.

Keith L. Butler appeals his judgment of conviction of assault with a deadly weapon (Pen. Code, § 245, subd. (a))1 and the finding he used a firearm within the meaning of Penal Code section 12022.5. The only issues raised deal with a sentencing procedure which results in the imposition of the four-year upper term enhanced...

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