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PEOPLE v. SWANSON

Docket No. 6373.

140 Cal.App.3d 571 (1983)

189 Cal. Rptr. 547

THE PEOPLE, Plaintiff and Respondent, v. MARSHALL RAY SWANSON, Defendant and Appellant.

Court of Appeals of California, Fifth District.

February 10, 1983.

Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, and Harvey R. Zall, 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, Charles P. Just, Shirley A. Nelson and Clayton Tanaka, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

THE COURT.*

Appellant was convicted on his guilty plea of attempted grand theft (Pen. Code, §§ 664, 487). He was sentenced to prison for the 18-month upper base term. He now contends that "in imposing the upper term the sentencing court was not guided by the appropriate sentencing rule, but rather by its own determination that appellant...

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