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PEOPLE v. McHENRY

No. B129910.

91 Cal.Rptr.2d 877 (2000)

77 Cal.App.4th 730

The PEOPLE, Plaintiff and Respondent, v. Royal Porter McHENRY, Defendant and Appellant.

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

Review Denied April 26, 2000.

Attorney(s) appearing for the Case

Michael J. Egan, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, G. Tracey Letteau, Deputy Attorney General, for Plaintiff and Respondent.

Certified for Partial Publication.*

TURNER, P.J.

Defendant, Royal Porter McHenry, appeals after a jury trial from a petty theft with a prior conviction. (Pen.Code,1 § 666.) The jury found defendant had served a prior separate prison term within the meaning of section 667.5, subdivision (b). Defendant was sentenced to four years in state prison. The...

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