PEOPLE v. LAWSON

Docket No. 4293.

107 Cal.App.3d 748 (1980)

165 Cal. Rptr. 764

THE PEOPLE, Plaintiff and Respondent, v. RICHARD ALLEN LAWSON, Defendant and Appellant.

Court of Appeals of California, Fifth District.

June 27, 1980.


Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, and Mark E. Cutler, Deputy State Public Defender, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Jane Kirkland Fischer, Diana Beth Constantino and Willard F. Jones, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

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

We filed our former opinion in this cause on March 7, 1980, holding that under the determinate sentencing law (DSL) a consecutive term constitutes an enhancement within the dual use of facts prohibition. The respondent filed a petition for rehearing, making a number of arguments which had not been made before. We granted a rehearing and heard oral arguments. After further consideration we have decided that...

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