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PEOPLE v. MAESTAS

No. C048615.

48 Cal.Rptr.3d 846 (2006)

143 Cal.App.4th 247

The PEOPLE, Plaintiff and Respondent, v. Lenny Ross MAESTAS, Defendant and Appellant.

Court of Appeal of California, Third District.

September 22, 2006.

Attorney(s) appearing for the Case

Athena Shudde, under appointment by the Court of Appeal, San Diego, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Senior Assistant Attorney General, and Julie A. Hokans and Robert Gezi, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.*

NICHOLSON, J.

A jury convicted defendant Lenny Ross Maestas of manufacturing methamphetamine and being a felon in possession of a firearm. The trial court sentenced defendant to state prison pursuant to the "Three Strikes" law. The court based its application of the Three Strikes law on defendant's two 1992 second degree burglary convictions. Looking beyond the fact of the convictions to the...

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