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PEOPLE v. MARQUEZ

No. C029962.

93 Cal.Rptr.2d 758 (2000)

78 Cal.App.4th 1302

The PEOPLE, Plaintiff and Respondent, v. Joseph Antony MARQUEZ, Defendant and Appellant.

Court of Appeals of California, Third District.

Review Denied July 12, 2000.

Attorney(s) appearing for the Case

Robert Wayne Gehring, San Diego, under appointment by the Court of Appeal, for Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Robert R. Anderson, Senior Assistant Attorney General, Stephen G. Herndon, Supervising Deputy Attorney General, Timothy L. Rieger, Deputy Attorney General, for Respondent.

Certified for Partial Publication.1

OPINION ON REHEARING

DAVIS, J.

Defendant Joseph Marquez was convicted by jury of two counts of robbery. (Pen.Code, § 211; further statutory references are to the Penal Code unless noted otherwise.) He was acquitted of being a felon in possession of a firearm. (§ 12021, subd. (a).) The court found true allegations defendant suffered two prior serious felony convictions within...

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