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  5. 111 Cal.Rptr.2d 896 (2001)
 

PEOPLE v. PATTERSON

No. B143582.

111 Cal.Rptr.2d 896 (2001)

92 Cal.App.4th 561

The PEOPLE, Plaintiff and Respondent, v. Trynun PATTERSON, Defendant and Appellant.

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

Review Granted December 19, 2001.

Review Dismissed May 1, 2002.

Attorney(s) appearing for the Case

Athena Shudde, under appointment by the Court of Appeal, San Diego, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, Susan D. Martynec and Rori M. Ridley, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.*

WILLHITE, J.**

Appellant Trynun Patterson appeals the judgment following his convictions for robbery and first degree murder. After review, we modify the sentence, and as modified, we affirm. In the published portion of our opinion, we apply the recent decision in Atwater v. City of Lago Vista (2001)

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