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PEOPLE v. LOUIE

No. C062821.

203 Cal.App.4th 388 (2012)

136 Cal. Rptr. 3d 646

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL HONG LOUIE, Defendant and Appellant. THE PEOPLE, Plaintiff and Respondent, v. SORIYAA EK, Defendant and Appellant.

Court of Appeals of California, Third District.

February 7, 2012.

Attorney(s) appearing for the Case

Stephen M. Lathrop , under appointment by the Court of Appeal, for Defendant and Appellant Michael Hong Louie.

David P. Lampkin , under appointment by the Court of Appeal, for Defendant and Appellant Soriyaa Ek.

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Dane R. Gillette , Chief Assistant Attorney General, Michael P. Farrell , Assistant Attorney General, Charles A. French and Craig S. Meyers , Deputy Attorneys General, for Plaintiff and Respondent.

CERTIFIED FOR PARTIAL PUBLICATION*

OPINION

BLEASE, Acting P. J.—

The sentencing portion of this opinion highlights the difficulty courts face reconciling Penal Code section 654 with Penal Code section 186.22, subdivision (a), the substantive gang offense. Section 654 prohibits punishing an act or omission under more than one provision of law. Section 186.22, subdivision (a) imposes state prison...

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