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PEOPLE v. ESTRADA

Docket No. B102559.

57 Cal.App.4th 1270 (1997)

THE PEOPLE, Plaintiff and Respondent, v. MIKE ESTRADA, Defendant and Appellant.

Court of Appeals of California, Second District, Division Seven.

September 24, 1997.

Attorney(s) appearing for the Case

COUNSEL

David B. Harrison, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Robert F. Katz and Carol A. Greenwald, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

JOHNSON, Acting P.J.

Defendant Mike Estrada was convicted of first degree burglary and forcible rape and sentenced on the rape conviction to 25 years to life under California's one strike law, Penal Code section 667.61.1 For the reasons explained below we conclude the trial court erred in not instructing the jury what facts it must find for purposes of the special sentencing allegation under section...

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