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PEOPLE v. LUNA

No. B164536

6 Cal.Rptr.3d 539 (2004)

113 Cal.App.4th 395

The PEOPLE, Plaintiff and Respondent, v. Justo Najera LUNA, Defendant and Appellant.

Court of Appeals of California, Second District, Division Five

Review Denied February 4, 2004.

Attorney(s) appearing for the Case

William M. Duncan, under appointment by the Court of Appeal, Columbia, SC, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Mary Sanchez, Supervising Deputy Attorney General, Catherine Okawa Kohm, Deputy Attorney General, for Plaintiff and Respondent.

TURNER, P.J.

Defendant, Justo Luna, appeals his felony conviction contending there is no substantial evidence he had previously been convicted of a serious felony. He relies on the holding of People v. Rodriguez (1998) 17 Cal.4th 253, 261, 70 Cal.Rptr.2d 334, 949 P.2d 31, that evidence appearing on a superior court abstract of judgment was insufficient to prove a prior conviction was a serious felony. We conclude that...

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