PEOPLE v. BERRY

Docket No. 4519.

117 Cal.App.3d 184 (1981)

172 Cal. Rptr. 756

THE PEOPLE, Plaintiff and Respondent, v. DARRELL JAMES BERRY, Defendant and Appellant.

Court of Appeals of California, Fifth District.

February 24, 1981.


Attorney(s) appearing for the Case

COUNSEL

August B. Rothschild, Jr., under appointment by the Court of Appeal, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Joel Carey, Eddie T. Keller and Roger E. Venturi, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

ANDREEN, J.

This case presents an appeal of appellant's resentencing which was ordered by this court in case number 5 Crim. 3867, in an opinion filed January 10, 1979.

The case number 3867 appeal stemmed from imposition of the upper base term (three years) following appellant's guilty plea to a violation of Vehicle Code section 10851 (unlawful taking of a motor vehicle). Prior to sentencing, the trial court had reviewed...

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