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PEOPLE v. OATES

No. E029354.

18 Cal.Rptr.3d 344 (2004)

The PEOPLE, Plaintiff and Respondent, v. Jimmie Lee OATES, Defendant and Appellant.

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

As Modified on Denial of Rehearing September 17, 2004.

Review Granted December 1, 2004.

Attorney(s) appearing for the Case

John L. Dodd, Tustin, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Lora Fox Martin and Steven T. Oetting, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

GAUT, J.

1. Introduction

After we affirmed the trial court's judgment in this case, but ordered various sentencing modifications, the California Supreme Court granted review and reversed this court only as to imposition of the Penal Code section 12022.53, subdivision (d)1 enhancement imposed on count 5. Specifically, the Supreme Court held that this court erred in holding that a section 12022.53, subdivision...

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