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PEOPLE v. RIVAS

No. F043088.

14 Cal.Rptr.3d 611 (2004)

119 Cal.App.4th 565

The PEOPLE, Plaintiff and Respondent, v. Javier Antonio RIVAS, Defendant and Appellant.

Court of Appeals of California, Fifth District.

Rehearing Denied July 9, 2004.

Review Denied September 22, 2004.

Attorney(s) appearing for the Case

Jerry D. Whatley, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, and Wanda Hill Rouzan, Deputy Attorney General, for Plaintiff and Respondent.

OPINION

VARTABEDIAN, Acting P.J.

Does the "One Strike" law (Pen.Code, § 667.61)1 preclude the trial court from exercising its discretion at sentencing pursuant to section 1385 to strike sentencing factors that are alleged and proved under a separate sentencing provision but are "additional" to those necessary to find that a defendant is subject to the One Strike law...

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