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PEOPLE v. KOONTZ

Nos. B224697, B224701.

193 Cal.App.4th 151 (2011)

THE PEOPLE, Plaintiff and Respondent, v. TREVOR LEE KOONTZ, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

March 2, 2011.

Attorney(s) appearing for the Case

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

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Dane R. Gillette , Chief Assistant Attorney General, Pamela C. Hamanaka , Assistant Attorney General, Jaime L. Fuster and Baine P. Kerr , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

YEGAN, J.—

In People v. Superior Court (Romero) (1996) 13 Cal.4th 497 [53 Cal.Rptr.2d 789, 917 P.2d 628] (Romero), our Supreme Court held that a sentencing court's failure to exercise discretion pursuant to Penal Code section 13851 is an abuse of discretion because it mistakenly believes it lacks authority to exercise such discretion. (13...

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