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PEOPLE v. SAUNDERS

Docket No. S022903.

5 Cal.4th 580 (1993)

853 P.2d 1093

20 Cal. Rptr.2d 638

THE PEOPLE, Plaintiff and Respondent, v. DENNIS ROMERO SAUNDERS, Defendant and Appellant.

Supreme Court of California.

July 1, 1993.

Attorney(s) appearing for the Case

COUNSEL

Paul M. Posner, under appointment by the Supreme Court, for Defendant and Appellant.

Fern M. Laethem, State Public Defender, Therene Powell, Deputy State Public Defender, Wilbur F. Littlefield, Public Defender (Los Angeles), Laurence M. Sarnoff and Douglas J. Goldstein, Deputy Public Defenders, as Amici Curiae on behalf of Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Edward T. Fogel, Assistant Attorney General, Carol Wendelin Pollack, Acting Assistant Attorney General, Susan D. Martynec, John R. Gorey and Pamela C. Hamanaka, Deputy Attorneys General, for Plaintiff and Respondent.

Michael R. Capizzi, District Attorney (Orange) and E. Thomas Dunn, Jr., Deputy District Attorney, as Amici Curiae on behalf of Plaintiff and Respondent.

Gardner & Derham and Cliff Gardner as Amici Curiae.

OPINION

GEORGE, J.

Numerous California penal statutes allow increased punishment to be imposed upon a defendant if the prosecution alleges and proves that the defendant has suffered one or more prior convictions. In People v. Bracamonte (1981) 119 Cal.App.3d 644, 654 [174 Cal.Rptr. 191], the Court of Appeal held that the defendant is...

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