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PEOPLE v. RECIO

No. G038054.

67 Cal.Rptr.3d 600 (2007)

156 Cal.App.4th 719

The PEOPLE, Plaintiff and Respondent, v. Jesse Martinez RECIO, Defendant and Appellant.

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

October 31, 2007.

Attorney(s) appearing for the Case

Howard C. Cohen and Patrick E. DuNah, San Diego, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Jeffrey J. Koch and Scott C. Taylor, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

IKOLA, J.

The People charged Jesse Martinez Redo with one count of second degree robbery (Pen.Code §§ 211, 212.5, subd. (c))1, one count of receiving stolen property (§ 496, subd. (a)), and one count of misdemeanor battery (§ 242). The information also alleged defendant had prior felony convictions. A jury convicted defendant of petty theft (§§ 484, subd. (a), 488 [a lesser included offense...

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