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PEOPLE v. RUBIO

No. F043941.

17 Cal.Rptr.3d 524 (2004)

121 Cal.App.4th 927

The PEOPLE, Plaintiff and Respondent, v. Luis Miguel RUBIO, Defendant and Appellant.

Court of Appeals of California, Fifth District.

Rehearing Denied September 8, 2004.

Review Denied November 10, 2004.

Attorney(s) appearing for the Case

John Doyle, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Charles A. French and Laura Wetzel Simpton, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.*

OPINION

CORNELL, J.

Luis Miguel Rubio was convicted of one count of perjury (Pen.Code, § 118)1 and sentenced to the midterm sentence of three years. He argues on appeal that the trial court improperly instructed the jury and abused its discretion when it refused to sentence him to probation.

We agree with Rubio's argument that the 2003 version...

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