THE PEOPLE, Petitioner,
v.
THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; KENNETH MARTIN POMILIA, Real Party in Interest.
Court of Appeals of California, Fourth District, Division One.https://leagle.com/images/logo.png
November 13, 1991.
November 13, 1991.
Attorney(s) appearing for the Case
COUNSEL
Edwin L. Miller, Jr., District Attorney, Richard J. Neeley, Assistant District Attorney, Thomas F. McArdle, Edward J. Mantyla and David L. Berry, Deputy District Attorneys, for Petitioner.
No appearance for Respondent.
Francis J. Bardsley, Public Defender, Phillip W. Harry, Assistant Public Defender, Richard P. Siref and Albert Tamayo, Deputy Public Defenders, for Real Party in Interest.
Court of Appeals of California, Fourth District, Division One.
OPINION
NARES, J.
Penal Code section 12022, subdivision (c)1 provides that persons committing specified narcotics offenses who are "personally armed" shall have a three-, four-, or five-year enhancement to the term of imprisonment otherwise ordered. Kenneth Martin Pomilia was charged with an enumerated offense and this enhancement was alleged. On Pomilia's motion the enhancement was struck in proceedings...
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