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PEOPLE v. WHITTEN

Docket No. F018708.

22 Cal.App.4th 1761 (1994)

28 Cal. Rptr.2d 123

THE PEOPLE, Plaintiff and Respondent, v. DONALD KEITH WHITTEN, Defendant and Appellant.

Court of Appeals of California, Fifth District.

March 3, 1994.

Attorney(s) appearing for the Case

COUNSEL

Gabriele Alger-Greulich, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, Edmund D. McMurray and Doris A. Calandra, Deputy Attorneys General, for Plaintiff and Respondent.

[Opinion certified for partial publication.*]

OPINION

BUCKLEY, J.

The central question presented on appeal is whether at sentencing on a violation of Penal Code section 647.6,1 the trial court may use the defendant's service of a prior prison term as a factor in aggravation of the base term when that prison commitment resulted from the same prior conviction which elevated...

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