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PEOPLE v. GIPSON

No. B241551.

213 Cal.App.4th 1523 (2013)

153 Cal. Rptr. 3d 428

THE PEOPLE, Plaintiff and Respondent, v. JAMES DAVIS GIPSON, JR., Defendant and Appellant.

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

February 28, 2013.

Attorney(s) appearing for the Case

Jonathan B. Steiner and Richard B. Lennon , under appointments by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Lance E. Winters , Assistant Attorney General, Linda C. Johnson and Robert M. Snider , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

ASHMANN-GERST, J. —

James Davis Gipson, Jr. (Gipson), appeals from the order revoking his probation, vacating the suspension of a previously imposed sentence and committing him to prison for five years. He contends that there was insufficient evidence of a probation violation. In addition, he argues that his commitment to state prison violates the Criminal Justice Realignment...

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