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PEOPLE v. AUGBORNE

No. B154786.

128 Cal.Rptr.2d 258 (2003)

104 Cal.App.4th 362

The PEOPLE, Plaintiff and Respondent, v. Brit Fanuel AUGBORNE, III, Defendant and Appellant.

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

As Modified on Denial of Rehearing January 13, 2003.

Review Denied April 9, 2003.

Attorney(s) appearing for the Case

George O. Benton, under appointment by the Court of Appeal, Santa Rosa, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Margaret E. Maxwell, Supervising Deputy Attorney General, and Theresa A. Cochrane, Deputy Attorney General, for Plaintiff and Respondent.

Certified for Partial Publication.*

TURNER, P.J.

I. INTRODUCTION

Defendant, Brit Fanuel Augborne, III, appeals from his convictions for second degree robbery (Pen.Code,1 § 211) and criminal threats. (§ 422.) The jury also found a criminal street gang enhancement allegation to be true. (§ 186.22, subd. (b)(1).) Finally, defendant admitted that at the time he committed the robbery...

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