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PEOPLE v. BAILEY

Docket No. G017024.

45 Cal.App.4th 926 (1996)

THE PEOPLE, Plaintiff and Appellant, v. THOMAS SHAWN BAILEY, Defendant and Respondent.

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

May 22, 1996.

Attorney(s) appearing for the Case

COUNSEL

Michael R. Capizzi, District Attorney, and E. Thomas Dunn, Jr., Deputy District Attorney, for Plaintiff and Appellant.

Richard Schwartzberg for Defendant and Respondent.

OPINION

RYLAARSDAM, J.

A jury convicted Thomas Shawn Bailey of second degree robbery (Pen. Code,1 § 211) and found true a firearm use enhancement (§ 12022.5, subd. (a)(1)). The jury's finding rendered defendant statutorily ineligible for probation. (§ 1203.06, subd. (a)(1)(B).) Nevertheless, the trial court granted probation. The People appealed, contending the trial court acted in excess...

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