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  5. 193 Cal.App.4th 1607 (2011)
 

PEOPLE v. SHOCKMAN

Nos. D056138, D058287.

193 Cal.App.4th 1607 (2011)

THE PEOPLE, Plaintiff and Respondent, v. KENNETH HARVEY SHOCKMAN, Defendant and Appellant. In re KENNETH HARVEY SHOCKMAN on Habeas Corpus.

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

April 5, 2011.

Attorney(s) appearing for the Case

Charles R. Khoury, Jr. , 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, Gary W. Schons , Assistant Attorney General, Gil Gonzalez , Andrew Mestman and James Flaherty , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BENKE, Acting P. J.—

In this criminal case, by virtue of the untimely delivery of a criminal file to the prosecutor, the prosecutor belatedly discovered defendant's prior conviction for the sale of methamphetamine was based on defendant's use of a unique modus operandi and one observed in the drug transaction which gave rise to the instant proceedings: in both instances, methamphetamine was found in plastic bags which had been...

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