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PEOPLE v. MALONE

No. C043173.

5 Cal.Rptr.3d 741 (2003)

112 Cal.App.4th 1241

The PEOPLE, Plaintiff and Respondent, v. Shawta D. MALONE, Defendant and Appellant.

Court of Appeals of California, Third District.

Review Denied January 22, 2004.

Attorney(s) appearing for the Case

John L. Staley, under appointment by the Court of Appeal, Poway, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Senior Assistant Attorney General, Stan Cross, Supervising Deputy Attorney General, and Daniel Bernstein, Deputy Attorney General, for Plaintiff and Respondent.

ROBIE, J.

Defendant Shawta D. Malone1 was charged with possession of a check with intent to defraud and second degree burglary. Defendant's first trial ended in a mistrial with the jury hopelessly deadlocked.

On retrial, defendant was convicted on both counts. Also, the trial court found true allegations defendant had a prior conviction that qualified as a strike and that he had served a prior prison term. The court sentenced him...

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