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PEOPLE v. BUSKIRK

No. D054757.

175 Cal.App.4th 1436 (2009)

THE PEOPLE, Plaintiff and Respondent, v. NICHOLAS BUSKIRK, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

CERTIFIED FOR PARTIAL PUBLICATION

Attorney(s) appearing for the Case

Richard Schwartzberg, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Gary W. Schons, Assistant Attorney General, Rhonda Cartwright-Ladendorf and Kristen Kinnaird Chenelia, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

HUFFMAN, Acting P. J.—

A jury convicted Nicholas Buskirk of second degree robbery (Pen. Code,1 § 211), but found the attendant firearm use allegation not true (§ 12022.5). Buskirk admitted he had served a prior prison term within the meaning of section 667.5, subdivision (b). The trial court sentenced Buskirk to a total prison term...

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