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PEOPLE v. SAMPLES

No. D039196.

128 Cal.Rptr.2d 1 (2003)

104 Cal.App.4th 76

The PEOPLE, Plaintiff and Appellant, v. Kenneth Marvin SAMPLES, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

As Modified on Denial of Rehearing December 6, 2002.

Review Granted February 25, 2003.

Attorney(s) appearing for the Case

Paul J. Pfingst, District Attorney, Anthony Lovett and Josephine A. Kiernan, Deputy District Attorneys, for Plaintiff and Appellant.

Donal M. Hill, San Diego, under appointment by the Court of Appeal, for Defendant and Respondent.

NARES, J.

In an information filed in June 2001, the San Diego District Attorney charged the defendant Kenneth Marvin Samples with commercial burglary under Penal Code1 section 459 (count 1) and with petty theft under section 484 (count 2). The information also alleged as a strike within the meaning of sections 667, subdivisions (b) through (i), 1170.12, and 668 that Samples had been convicted in the State of Texas in February 1993 of the...

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