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PEOPLE v. JENKINS

No. B181966.

44 Cal.Rptr.3d 788 (2006)

140 Cal.App.4th 805

The PEOPLE, Plaintiff and Respondent, v. Mark JENKINS, Defendant and Appellant.

Court of Appeals of California, Second District, Division Eight.

June 20, 2006.

Attorney(s) appearing for the Case

Richard A. Levy, under appointment by the Court of Appeal, Torrance, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Margaret E. Maxwell, Supervising Deputy Attorney General, and Susan S. Kim, Deputy Attorney General, for Plaintiff and Respondent.

BOLAND, J.

INTRODUCTION

Appellant Mark Jenkins challenges his murder conviction on the grounds the trial court erred by concluding that his prior Utah convictions for aggravated robbery constituted serious or violent felonies under California law, refusing his request to instruct on second degree murder as a lesser included offense, doubling his life without possibility of parole term under the Three Strikes...

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