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PEOPLE v. BAIRD

Docket No. S043270.

12 Cal.4th 126 (1995)

906 P.2d 1220

48 Cal. Rptr.2d 65

THE PEOPLE, Plaintiff and Respondent, v. ROBERT CHRISTOPHER BAIRD, Defendant and Appellant.

Supreme Court of California.

December 21, 1995.

Attorney(s) appearing for the Case

COUNSEL

Jonathan D. Soglin, under appointment by the Supreme Court, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Ronald S. Matthias and David D. Salmon, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BAXTER, J.

When a prior felony conviction is used against a defendant to establish the ex-felon element of a charge under section 12021 of the Penal Code1 (possession of a firearm by an ex-felon), may the prison term resulting from that prior conviction be used to enhance the defendant's sentence under section 667.5, subdivision (b) (section 667...

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