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PEOPLE v. O'BRYAN

Docket No. Crim. 23621.

37 Cal.3d 841 (1985)

694 P.2d 135

210 Cal. Rptr. 450

THE PEOPLE, Plaintiff and Respondent, v. JEFFREY DEAN O'BRYAN, Defendant and Appellant.

Supreme Court of California.

January 28, 1985.

Attorney(s) appearing for the Case

COUNSEL

Quin Denvir and Frank O. Bell, Jr., State Public Defenders, under appointment by the Court of Appeal, and Richard Lennon, Deputy State Public Defender, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Gary R. Hahn and Edward T. Fogel, Jr., Deputy Attorneys General, for Plaintiff and Respondent.

Christopher N. Heard and Terry L. White as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

BROUSSARD, J.

Defendant pled nolo contendere to a charge of second degree burglary involving entry into a residence, and admitted a prior conviction of first degree burglary. The sentence included a five-year enhancement under Penal Code section 6671 for a prior commission of a serious felony. Defendant's appeal challenges the propriety of the enhancement.

The prosecution filed an information...

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