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PEOPLE v. DIAL

No. C045211.

20 Cal.Rptr.3d 573 (2004)

123 Cal.App.4th 1116

The PEOPLE, Plaintiff and Respondent, v. Larry Ray DIAL, Sr., Defendant and Appellant.

Court of Appeals of California, Third District.

As Modified November 19, 2004.

Review Denied February 16, 2005.

Attorney(s) appearing for the Case

Eleanor M. Kraft, 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, Senior Assistant Attorney General, Carlos A. Martinez, Supervising Deputy Attorney General, Mathew Chan, Deputy Attorney General, for Plaintiff and Respondent.

HULL, J.

The issue presented by this case is whether a defendant awaiting sentencing in California, but incarcerated in another state, was denied equal protection of the laws when he was not returned to California for sentencing upon request. (See U.S. Const., 14th Amend.; Cal. Const., art. I, § 7; id., art. IV, § 16.) We find no constitutional violation and affirm the judgment.

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