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PEOPLE v. TARDY

No. B163585

6 Cal.Rptr.3d 24 (2003)

112 Cal.App.4th 783

The PEOPLE, Plaintiff and Respondent, v. Otha L. TARDY, Defendant and Appellant.

Court of Appeals of California, Second District, Division Seven

Review Denied January 14, 2004.

Attorney(s) appearing for the Case

Sally P. Brajevich, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Victoria B. Wilson and Roy C. Preminger, Deputy Attorneys General, for Plaintiff and Respondent.

PERLUSS, P.J.

Otha L. Tardy appeals the judgment entered after a jury convicted him of petty theft and the court found true that he had suffered a prior theft conviction within the meaning of Penal Code section 666.1 Tardy claims imposition of a felony sentence under section 666 violates due process because, although the accusatory pleading charged him with robbery and alleged prior qualifying...

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