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PEOPLE v. ATENCIO

No. C063710.

190 Cal.App.4th 695 (2010)

THE PEOPLE, Plaintiff and Respondent, v. ANGELO ATENCIO, JR., Defendant and Appellant.

Court of Appeals of California, Third District.

December 1, 2010.

Attorney(s) appearing for the Case

Jennifer A. Mannix , under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr. , Attorney General, Michael P. Farrell , Assistant Attorney General, and Wanda Hill Rouzan , Deputy Attorney General, for Plaintiff and Respondent.

OPINION

ROBIE, J.—

This case deals with the vexing issue of when one physical act can constitute multiple criminal "acts" for purposes of Penal Code1 section 654.

A jury found defendant Angelo Atencio, Jr., guilty of two felonies—grand theft of a firearm and firearm possession by a felon. The trial court found defendant had a prior serious felony conviction and a prior strike and had served...

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