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  5. 194 Cal.App.4th 79 (2011)
 

PEOPLE v. MORGAN

Nos. D056444, D058846.

194 Cal.App.4th 79 (2011)

THE PEOPLE, Plaintiff and Respondent, v. WILLIAM MORGAN, Defendant and Appellant. In re WILLIAM MORGAN on Habeas Corpus.

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

April 7, 2011.

Attorney(s) appearing for the Case

John O. Lanahan for Defendant and Appellant.

Edmund G. Brown, Jr. , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Gary W. Schons , Assistant Attorney General, Steve Oetting and Theodore M. Cropley , Deputy Attorneys General, for Plaintiff and Respondent.

CERTIFIED FOR PARTIAL PUBLICATION*

OPINION

McINTYRE, J.—

Brandishing a hammer is a misdemeanor offense (Pen. Code, § 417, subd. (a)); however, the California hate crimes statute (Pen. Code, § 422.7) elevates a crime that would otherwise be punishable as a misdemeanor to a felony under certain circumstances. (Undesignated statutory references are to the Penal Code.) In the published...

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