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PEOPLE v. R.T.P.

No. E036355.

43 Cal.Rptr.3d 536 (2006)

The PEOPLE, Plaintiff and Respondent, v. R.T.P., Defendant and Appellant.

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

May 23, 2006.

Attorney(s) appearing for the Case

Nancy J. King, under appointment by the Court of Appeal, San Diego, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, and Lilia E. Garcia, Supervising Deputy Attorney General, for Plaintiff and Respondent.

OPINION

HOLLENHORST, Acting P.J.

I. INTRODUCTION

Defendant R.T.P.1 appeals from his conviction of a violation of Health and Safety Code section 11352, subdivision (a), and his resulting sentence of 25 years to life under the "Three Strikes" law. Defendant contends that the trial court erred in denying his motion to dismiss on the ground of government misconduct. We conclude that the prosecutor committed misconduct,...

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