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PEOPLE v. RIVERA

No. D040216.

135 Cal.Rptr.2d 682 (2003)

109 Cal.App.4th 1241

The PEOPLE, Plaintiff and Respondent, v. Permin RIVERA, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

Rehearing Denied June 18, 2003.

Review Denied September 10, 2003.

Attorney(s) appearing for the Case

Daniel J. Kessler, Irvine, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Angela M. Borzachillo, Deputy Attorney General, for Plaintiff and Respondent.

OPINION

HUFFMAN, J.

After the court denied a motion for acquittal (Pen.Code, § 1118.1),1 a jury convicted Fermin Rivera of auto burglary. (§ 459.) He admitted serving a prior prison term. (§§ 667.5, subd. (b), 668.) The court sentenced him to prison for three years: the two-year middle term for burglary, enhanced one year for the prior prison term. Rivera contends the trial court erred in denying the motion...

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