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PEOPLE v. GREEN

No. D057178.

197 Cal.App.4th 1485 (2011)

THE PEOPLE, Plaintiff and Respondent, v. KATHY ANN GREEN, Defendant and Appellant.

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

August 5, 2011.

Attorney(s) appearing for the Case

Richard L. Fitzer , 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, Pamela Ratner Sobeck and Christopher P. Beesley , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BENKE, Acting P. J.—

Penal Code1 section 12022.6, subdivision (b) provides the losses incurred in the commission or attempted commission of all felonies may be aggregated for purposes of imposing the prison enhancements provided under this statute if the defendant admits, or the trier of fact determines, the losses arose from a "common scheme or plan."

The jury in 2009 convicted defendant Kathy...

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