PEOPLE v. REGALADO

Docket No. 19228.

108 Cal.App.3d 531 (1980)

166 Cal. Rptr. 614

THE PEOPLE, Plaintiff and Respondent, v. RAY EDWARD REGALADO, Defendant and Appellant.

Court of Appeals of California, First District, Division Three.

July 24, 1980.


Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, and Harriet Wiss Hirsch, Deputy State Public Defender, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, William D. Stein and J. Patrick Collins, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

DOSSEE, J.*

On appeal from a judgment of conviction for burglary, defendant contends that the trial court abused its discretion in imposing the upper term under the determinate sentence law. In particular, it is argued that the court erred in allegedly failing to consider as a circumstance in mitigation (1) that defendant was addicted to narcotics, and (2) that defendant exercised caution to avoid...

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