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PEOPLE v. DUNCAN

No. C041637.

5 Cal.Rptr.3d 413 (2003)

112 Cal.App.4th 744

The PEOPLE, Plaintiff and Respondent, v. Clyde Elmo DUNCAN, Defendant and Appellant.

Court of Appeals of California, Third District.

October 15, 2003.

Attorney(s) appearing for the Case

Roberta Simon, under appointment by the Court of Appeal, Oakland, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Senior Assistant Attorney General, Matthew L. Cate, Supervising Deputy Attorney General, Jamie A. Scheidegger, Deputy Attorney General, for Plaintiff and Respondent.

ROBIE, J.

Defendant Clyde Elmo Duncan pled no contest to the gross vehicular manslaughter of James Hicks while intoxicated and admitted causing bodily injury to Chad Hembree. The remaining counts and allegations were dismissed. The court sentenced defendant to state prison for an aggregate term of 11 years.

On appeal, defendant contends remand for resentencing is required because the record fails to reflect that...

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