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PEOPLE v. YEARWOOD

No. F063712.

213 Cal.App.4th 161 (2013)

151 Cal. Rptr. 3d 901

THE PEOPLE, Plaintiff and Respondent, v. RICARDO ALEJANDRO YEARWOOD, Defendant and Appellant.

Court of Appeals of California, Fifth District.

As modified February 19, 2013.

Attorney(s) appearing for the Case

Carol Foster , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Michael P. Farrell , Assistant Attorney General, and Michael A. Canzoneri , Deputy Attorney General, for Plaintiff and Respondent.

OPINION

LEVY, J. —

INTRODUCTION

During the autumn of 2011, appellant Ricardo Alejandro Yearwood was convicted of one count of unlawfully possessing marijuana in prison and sentenced as a third strike offender to 25 years to life imprisonment plus one year. (Pen. Code, § 4573.6.)1 This crime is not a serious felony within the meaning of section 1192.7, subdivision (c), or a violent felony within...

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