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PEOPLE v. MAUPIN

No. A079196.

74 Cal.Rptr.2d 309 (1998)

The PEOPLE, Plaintiff and Respondent, v. Todd James MAUPIN, Defendant and Appellant.

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

Rehearing Granted June 17, 1998.

Attorney(s) appearing for the Case

Russo & Prince, Leslie Prince, under appointment by the Court of Appeal under the First District Appellate Project's Independent Case System, Fairfield, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Joan Killeen, Supervising Deputy Attorney General, Raymond A. Cardozo, Deputy Attorney General, for Plaintiff and Respondent.

RUVOLO, Associate Justice.

I.

INTRODUCTION

This is the second appeal arising from appellant's February 1995 conviction and sentencing for first degree burglary. In the first appeal, we affirmed the conviction but remanded for resentencing to allow the trial court to consider exercising discretion in striking appellant's prior felony conviction which had been charged and proved both as a prior enhancing...

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