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PEOPLE v. PITTO

No. A105164.

35 Cal.Rptr.3d 635 (2005)

The PEOPLE, Plaintiff and Respondent, v. Michael Christopher PITTO, Defendant and Appellant.

Court of Appeals of California, First District, Division Five.

November 14, 2005.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney, General Gerald A. Engler, Senior Assistant Attorney General, Catherine A. Rivlin, Supervising Deputy Attorney General, Christina Vom Saal and Gregg Zywicke, Deputy Attorneys General, for Plaintiff and Respondent.

Riordan & Horgan, Dennis P. Riordan and Donald M. Horgan, San Francisco, for Defendant and Appellant.

Certified for Partial Publication.*

GEMELLO, J.

The principal issue in this appeal is whether CALJIC No. 17.15, regarding the Penal Code section 12022 arming enhancement, is a correct statement of the law under the California Supreme Court decision People v. Bland (1995) 10 Cal.4th 991, 43 Cal.Rptr.2d 77

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