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PEOPLE v. HILL

Docket No. A059436.

23 Cal.App.4th 1566 (1994)

28 Cal. Rptr.2d 783

THE PEOPLE, Plaintiff and Respondent, v. MARLOWE LEE HILL, Defendant and Appellant.

Court of Appeals of California, First District, Division Two.

April 1, 1994.

Attorney(s) appearing for the Case

COUNSEL

Susan D. Shors, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, and Richard Rochman, Deputy Attorney General, for Plaintiff and Respondent.

OPINION

KLINE, P.J.

Marlowe Hill appeals from convictions of mayhem and aggravated assault. He contends the trial court gave an erroneous instruction pertaining to the mayhem count and improperly imposed the aggravated term in sentencing on that count. We affirm the conviction but remand for resentencing.

STATEMENT OF THE CASE

Appellant was charged by information filed on May 13, 1992, with one count of assault by...

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