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PEOPLE v. BATISTA

Docket No. B023267.

201 Cal.App.3d 1288 (1988)

248 Cal. Rptr. 46

THE PEOPLE, Plaintiff and Respondent, v. ROBERT BATISTA, Defendant and Appellant.

Court of Appeals of California, Second District, Division One.

June 8, 1988.

Attorney(s) appearing for the Case

COUNSEL

Tibor I. Toczauer, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, Mark Alan Hart and Elaine F. Tumonis, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

HANSON, Acting P.J.

INTRODUCTION

After pleading guilty to first degree burglary in violation of Penal Code section 459,1 defendant Robert Batista waived his right to a jury trial on the allegation that he was convicted of a prior residential burglary. The trial court found that allegation true, and sentenced defendant to the midterm of four years on the burglary charge and to an additional...

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