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PEOPLE v. EARLEY

No. E033600.

18 Cal.Rptr.3d 694 (2004)

122 Cal.App.4th 542

The PEOPLE, Plaintiff and Respondent, v. Larry Donell EARLEY, Defendant and Appellant.

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

Review Denied November 10, 2004.

Attorney(s) appearing for the Case

Sandra Uribe, 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, Peter Quon, Jr., Supervising Deputy Attorney General, and Karl T. Terp, Deputy Attorney General, for Plaintiff and Respondent.

OPINION

GAUT, J.

1. Introduction

A jury convicted defendant of possession of marijuana for sale1 and misdemeanor vandalism.2 The court found true beyond a reasonable doubt that defendant had a prior serious and violent felony conviction that qualified as a strike3 and that he had served five prior prison terms.4 The court denied...

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