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PEOPLE v. LEE

Docket No. AO21087.

150 Cal.App.3d 455 (1984)

197 Cal. Rptr. 766

THE PEOPLE, Plaintiff and Respondent, v. DARRYL DOMINGUEZ LEE, Defendant and Appellant.

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

January 4, 1984.

Attorney(s) appearing for the Case

COUNSEL

Andrew V. Alder and Haight & Lieberman for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Herbert F. Wilkinson, Ann K. Jensen and Clifford K. Thompson, Jr., Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

LOW, P.J.

(1) A person guilty of second degree burglary may not be sentenced to an additional five years in prison because he suffered a prior robbery conviction. Second degree burglary is not a "burglary of a residence" and is not a "serious felony" as defined in Penal Code sections 667, subdivision (a) and 1192.7, subdivision (c).1

On November 30, 1981, defendant Darryl Dominguez...

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