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PEOPLE v. GALVEZ

No. B222672.

195 Cal.App.4th 1253 (2011)

THE PEOPLE, Plaintiff and Respondent, v. EDWARD MICHAEL GALVEZ, JR., Defendant and Appellant.

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

May 25, 2011.

Attorney(s) appearing for the Case

John Derrick , under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr. , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Pamela C. Hamanaka , Assistant Attorney General, Lance E. Winters and Tannaz Kouhpainezhad , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

YEGAN, J.—

The Legislature has the exclusive power to define crime and prescribe punishment. It has recently focused on criminal street gangs, dramatically increasing punishment for certain felonies committed for the benefit of, at the direction of, or in association with, the gang. For example, ordinary attempted witness dissuasion is a "wobbler," i.e., punishment by up to one year in county jail as a misdemeanor or in state...

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