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PEOPLE v. HERNANDEZ

Docket No. S001689.

46 Cal.3d 194 (1988)

757 P.2d 1013

249 Cal. Rptr. 850

THE PEOPLE, Plaintiff and Respondent, v. JAMES HERNANDEZ, Defendant and Appellant.

Supreme Court of California.

August 4, 1988.

Attorney(s) appearing for the Case

COUNSEL

David L. Tucker, Jr., under appointment by the Supreme Court, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, William M. Wood, Robert M. Foster and Tim J. Nader, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

ARGUELLES, J.

(1) This case requires us to resolve whether a sentencing judge may impose an additional three-year term under Penal Code section 667.8 (kidnapping for purposes of rape)1 when violation of that section was not pled or proven and was mentioned for the first time in a probation report. We conclude that such additional term may not be imposed, since a pleading and proof...

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