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ROBERT L. v. SUPERIOR COURT

No. S100359.

135 Cal.Rptr.2d 30 (2003)

30 Cal.4th 894

69 P.3d 951

ROBERT L., Petitioner, v. The SUPERIOR COURT of Orange County, Respondent; The People, Real Party in Interest.

Supreme Court of California.

As Modified on Denial of Rehearing August 20, 2003.

Attorney(s) appearing for the Case

Carl C. Holmes, Public Defender, Deborah Kwast, Chief Deputy Public Defender, and Kevin J. Phillips, Assistant Public Defender, for Petitioner.

No appearance for Respondent.

Tony Rackauckas, District Attorney, and Brian N. Gurwitz, Deputy District Attorney, for Real Party in Interest.

MORENO, J.

At the March 7, 2000 Primary Election, the California electorate passed Proposition 21, the Gang Violence and Juvenile Crime Prevention Act of 1998. Section 4 of Proposition 21 added Penal Code, section 186.22, subdivision (d) (section 186.22(d)),1 which provides that "[a]ny person who is convicted of a public offense punishable as a felony or a misdemeanor," committed for the...

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