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PEOPLE v. RODRIGUEZ

Docket No. S011326.

51 Cal.3d 437 (1990)

795 P.2d 783

272 Cal. Rptr. 613

THE PEOPLE, Plaintiff and Respondent, v. JUAN CARLOS RODRIGUEZ, Defendant and Appellant.

Supreme Court of California.

September 6, 1990.

Attorney(s) appearing for the Case

COUNSEL

Fern M. Laetham, State Public Defender, under appointment by the Supreme Court, Sarah Plotkin, Deputy State Public Defender, and Dennis W. Smith, under appointment by the Court of Appeal, for Defendant and Appellant.

Gary M. Mandinach as Amicus Curiae on behalf of Defendant and Appellant.

John K. Van de Kamp, Attorney General, Steve White and Richard B. Iglehart, Chief Assistant Attorneys General, John H. Sugiyama, Assistant Attorney General, Herbert F. Wilkinson, Robert R. Granucci, Donna B. Chew, Gloria F. DeHart and Joanne S. Abelson, Deputy Attorneys General, for Plaintiff and Respondent.

Arlo Smith, District Attorney (San Francisco), and Donald E. Sanchez, Assistant District Attorney, as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

PANELLI, J.

Juan Carlos Rodriguez (Rodriguez) appeals from a judgment sentencing him to two years' imprisonment following his conviction for burglary (Pen. Code, § 459) and subsequent revocation of probation for that offense. The trial court revoked Rodriguez's probation after finding, by a preponderance of the evidence, that Rodriguez had violated a condition of his probation by committing theft. The Court of Appeal...

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