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PEOPLE v. SMITH

Docket No. A074746.

59 Cal.App.4th 46 (1997)

THE PEOPLE, Plaintiff and Respondent, v. WAYNE SMITH, Defendant and Appellant.

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

November 12, 1997.

Attorney(s) appearing for the Case

COUNSEL

Alisa J. Kim, 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, Stan M. Helfman and Violet M. Lee, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

LAMBDEN, J.

We hold in this case charged under the "Three Strikes" law (Pen. Code, § 1170.12; unspecified section references are to that code) that the defendant is entitled to a remand under People v. Superior Court (Romero) (1996) 13 Cal.4th 497 [53 Cal.Rptr.2d 789, 917 P.2d 628] (Romero), where the record of his pre-Romero motion to strike shows...

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