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PEOPLE v. DUTRA

No. C051198.

52 Cal.Rptr.3d 528 (2006)

145 Cal.App.4th 1359

The PEOPLE, Plaintiff and Respondent, v. Sarah Elizabeth DUTRA, Defendant and Appellant.

Court of Appeal of California, Third District.

December 20, 2006.

Attorney(s) appearing for the Case

Ann Hopkins, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Senior Assistant Attorney General, Mathew Chan and Catherine G. Tennant, Deputy Attorneys Genera], for Plaintiff and Respondent.

MORRISON, J.

In a prior opinion we affirmed Sarah Elizabeth Dutra's felony convictions. (People v. Dutra (May 18, 2005), C044075, 2005 WL 1177582 [nonpub. opn.] (Dutra I).) Based on an explicit concession at oral argument by the Attorney General we gave the People the option of accepting a midterm sentence on manslaughter, or "a remand for a sentencing trial." (Dutra I, supra, at p. 31.) The People did not accept the midterm sentence or petition...

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