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IN RE LOWE

No. H027521.

31 Cal.Rptr.3d 1 (2005)

130 Cal.App.4th 1405

In re Michael LOWE, on Habeas Corpus.

Court of Appeals of California, Sixth District.

Review Denied October 26, 2005.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Frances T. Grunder, Senior Assistant Attorney General, Anya M. Binsacca, Supervising Deputy Attorney General, Brian G. Walsh, Deputy Attorney General, for Appellant.

William Lionel Schmidt, Pismo Beach, Gary M. Diamond, Placer, for Respondent.

MIHARA, J.

In 1985, Michael Lowe shot and killed the victim, Michael Sanchez. Pursuant to a plea bargain, Lowe pleaded guilty to second degree murder (Pen.Code, § 187) and admitted that he personally used a firearm in the commission of that offense (Pen.Code, §§ 12022.5, 1203.06). Lowe was sentenced to the indeterminate prison term of 15 years to life; the two-year term for the firearm enhancement was stayed...

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