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PEOPLE v. ESPANA

No. G035423.

40 Cal.Rptr.3d 258 (2006)

137 Cal.App.4th 549

The PEOPLE, Plaintiff and Respondent, v. Johnny ESPANA, Defendant and Appellant.

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

Review Denied June 14, 2006.

Attorney(s) appearing for the Case

Richard Schwartzberg, under appointment by the Court of Appeal, Tustin, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, and Scott C. Taylor, Deputy Attorney General, for Plaintiff and Respondent.

OPINION

RYLAARSDAM, Acting P.J.

In a prior opinion (People v. Espana (Nov. 19, 2004, G033182, 2004 WL 2635635) [nonpub. opn.]), we affirmed defendant Johnny Espana's conviction of second degree robbery but struck the order for defendant to supply a blood and saliva sample under Penal Code section 296 (all statutory references are to this Code) because he was not convicted of an offense enumerated in that statute. We remanded the case for further proceedings...

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