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PEOPLE v. McCLELLAN

No. B144957.

117 Cal.Rptr.2d 778 (2002)

The PEOPLE, Plaintiff and Appellant, v. Nicholas Deore McCLELLAN, Defendant and Respondent.

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

Review Denied March 27, 2002.

Attorney(s) appearing for the Case

Steve Cooley, District Attorney, Brentford J. Ferreira and Linda C. Puentes, Deputy District Attorneys, for Plaintiff and Appellant.

Michael P. Judge, Public Defender, Diane Butko and Albert J. Menaster, Deputy Public Defenders, for Defendant and Respondent.

NOTT, Acting P.J.

Respondent Nicholas Deore McClellan entered a plea of no contest to second degree robbery (Pen.Code, § 211)1 and admitted the personal use of a firearm within the meaning of section 12022.53, subdivision (b), as alleged. Following receipt of a diagnostic report, the trial court found that imposition of the 10-year mandatory sentence for firearm use under section 12022...

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