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PEOPLE v. PHILLIPS

No. C050503.

54 Cal.Rptr.3d 678 (2007)

147 Cal.App.4th 810

The PEOPLE, Plaintiff and Respondent, v. Nicholas PHILLIPS, Defendant and Appellant.

Court of Appeal of California, Third District.

February 14, 2007.

Attorney(s) appearing for the Case

Jean M. Marinovich, under appointment by the Court of Appeal, Sacramento, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Senior Assistant Attorney General, Stan Cross, Supervising Deputy Attorney General, and Susan Rankin Bunting, Deputy Attorney General, for Plaintiff and Respondent.

RAYE, J.

Defendant Nicholas Phillips was found guilty by a jury of robbing a Togo's sandwich shop. (Pen.Code, § 211.)1 Defendant waived jury trial on enhancements that were based on a prior serious felony conviction (§ 667, subds. (a), (b)-(i)), and the trial court found the enhancements true. The trial court denied probation and sentenced defendant to a state prison term of 11 years.

Defendant appeals, contending the...

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