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PEOPLE v. MOSBY

No. C033593.

116 Cal.Rptr.2d 208 (2002)

95 Cal.App.4th 967

The PEOPLE, Plaintiff and Respondent, v. Clyde MOSBY, Defendant and Appellant.

Court of Appeals of California, Third District,

Review Granted May 1, 2002.

Attorney(s) appearing for the Case

Steven A. Torres, Torres & Torres, Boston, MA, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Robert R. Anderson, Senior Assistant Attorney General, Stan Cross, Supervising Deputy Attorney General, Susan J. Orton, Deputy Attorney General, for Plaintiff and Respondent.

Certified for Partial Publication.*

KOLKEY, J.

I. INTRODUCTION

After a jury found defendant Clyde Mosby guilty of selling cocaine (Health & Saf.Code, § 11352, subd. (a)), defendant admitted that he had suffered a prior conviction for possession of a controlled substance within the meaning of Health and Safety Code section 11370, subdivisions (a) and (c).

On appeal, he contends that the trial court (1...

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