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PEOPLE v. BENITEZ

No. C031974.

105 Cal.Rptr.2d 242 (2001)

87 Cal.App.4th 1018

The PEOPLE, Plaintiff and Respondent, v. Joseph Andrew BENITEZ, Defendant and Appellant.

Court of Appeals of California, Third District.

As Modified March 26, 2001.

Review Granted June 20, 2001.

Attorney(s) appearing for the Case

Linda Buchser, San Francisco, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Robert R. Anderson, Senior Assistant Attorney General, Carlos A. Martinez and Alison Elle Aleman, Deputy Attorneys General, for Plaintiff and Respondent.

HULL, J.

A jury found defendant Joseph Andrew Benitez guilty of attempted terrorist threats against Steven Thompson. (Pen. Code, §§ 422, 664.)1 After denying defendant's motion to treat the offense as a misdemeanor (§ 17, subd. (b)), and finding that defendant had five prior felony convictions for purposes of the three strikes law (§§ 667, subd. (b)-(i), 1170.12...

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