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PEOPLE v. CRUZ

Docket No. S046075.

13 Cal.4th 764 (1996)

THE PEOPLE, Plaintiff and Respondent, v. KERMIT VARGAS CRUZ, Defendant and Appellant.

Supreme Court of California.

August 5, 1996.

Attorney(s) appearing for the Case

COUNSEL

Roger A. Stoll and J. Bradley O'Connell, under appointments 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, Catherine A. Rivlin, Ronald E. Niver and Bruce Ortega, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

GEORGE, C.J.

The question before us is whether proof that the defendant suffered a 1992 conviction for first degree burglary adequately proved the truth of a serious felony enhancement allegation as defined by Penal Code section 1192.7, subdivision (c)(18) (section 1192.7(c)(18)).1 Section 1192.7(c)(18) defines serious felonies for the purpose of sentence enhancement as including "burglary of an...

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