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PEOPLE v. LLAMAS

Nos. D029078, D030807.

78 Cal.Rptr.2d 759 (1998)

67 Cal.App.4th 35

The PEOPLE, Plaintiff and Respondent, v. Frankie LLAMAS, Defendant and Appellant. In re Frankie LLAMAS, on Habeas Corpus.

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

Rehearing Denied October 22, 1998.

Review Denied January 27, 1999.

Attorney(s) appearing for the Case

Cindi B. Mishkin, San Diego, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Carl H. Horst and Gary W. Brozio, Deputy Attorneys General, for Plaintiff and Respondent.

BENKE, Acting Presiding Justice.

Following his partially successful appeal,1 second striker (Pen.Code,2 § 667, subds. (b)(i)) Frankie Llamas was sentenced on remand to seven years in prison: double the three-year middle term for possessing a controlled substance while armed with a firearm (Health & Saf.Code, § 11370.1, subd. (a)), one year for a prior prison term (§ 667.5, subd. (a)), and...

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