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PEOPLE v. ROCCO

No. B229861.

209 Cal.App.4th 1571 (2012)

148 Cal. Rptr. 3d 265

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL ROCCO et al., Defendants and Appellants.

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

October 16, 2012.

Attorney(s) appearing for the Case

David McNeil Morse , under appointment by the Court of Appeal, for Defendant and Appellant Michael Rocco.

Murray A. Rosenberg , under appointment by the Court of Appeal, for Defendant and Appellant Samuel H. Cruz.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Lance E. Winters , Assistant Attorney General, Colleen M. Tiedemann and Stephanie A. Miyoshi , Deputy Attorneys General, for Plaintiff and Respondent.

[CERTIFIED FOR PARTIAL PUBLICATION*]

OPINION

WILLHITE, J. —

INTRODUCTION

The alternative sentencing scheme of the "Three Strikes" law applies when "a defendant has been convicted of a felony and it has been pled and proved that the defendant has one or more prior felony [strike] convictions...." (Pen. Code, § 1170.12, subds. (a), (c)(1), italics added; see §...

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