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PEOPLE v. RODRIGUEZ

Docket No. B034336.

206 Cal.App.3d 517 (1988)

253 Cal. Rptr. 633

THE PEOPLE, Plaintiff and Appellant, v. JOEY J. RODRIGUEZ, Defendant and Respondent.

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

December 8, 1988.

Attorney(s) appearing for the Case

COUNSEL

Michael D. Bradbury, District Attorney, and Michael D. Schwartz, Deputy District Attorney, for Plaintiff and Appellant.

Ken Allen, under appointment by the the Court of Appeal, for Defendant and Respondent.

OPINION

ABBE, J.

The People appeal an order striking the prior enhancement term (Pen. Code, § 1238, subd. (a)(6) and (10).)1 (1) The issue presented is whether a single conviction and single period of incarceration for such conviction may be used both to upgrade petit theft from a misdemeanor to a felony under section 666 and to enhance the sentence under section 667.5, subdivision (b...

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