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PEOPLE v. SMITH

Docket No. D022102.

50 Cal.App.4th 1194 (1996)

THE PEOPLE, Plaintiff and Appellant, v. CARL LEO SMITH, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

October 21, 1996.

Attorney(s) appearing for the Case

COUNSEL

Paul J. Pfingst, District Attorney, Thomas F. McArdle, Charles Nickel, Paul M. Morley and James E. Atkins, Deputy District Attorneys, for Plaintiff and Appellant.

Diane Nichols, under appointment by the Court of Appeal, for Defendant and Respondent.

OPINION

HUFFMAN, J.

This is an appeal by the People after the trial court struck the serious/violent prior felony conviction in order to avoid the harsh penalties of the three strikes law (Pen. Code, § 667, subds. (b)-(i)).1

Carl Leo Smith pled guilty to all charges in the information and admitted the alleged prior felony convictions after the court advised him the court believed the sentence...

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