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PEOPLE v. PIERCE

Docket No. A069479.

40 Cal.App.4th 1317 (1995)

47 Cal. Rptr.2d 406

THE PEOPLE, Plaintiff and Respondent, v. MARTY RICHARD PIERCE, Defendant and Appellant.

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

December 11, 1995.

Attorney(s) appearing for the Case

COUNSEL

Peter Ottenweller, 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, Peggy S. Ruffra and Stan M. Helfman, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

KING, J. —

I. INTRODUCTION

In this case we hold that Judge R. Bryan Jamar erred by failing to state reasons for imposing upper terms of imprisonment, and we remand the cause for resentencing by another judge because of Judge Jamar's persistent failure or inability to perform the fundamental duty of a sentencing court to state reasons for its sentencing choices.

II. BACKGROUND

Marty Richard...

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