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JOINTER v. SUPERIOR COURT

No. G047824.

217 Cal.App.4th 759 (2013)

158 Cal. Rptr. 3d 778

MICHAEL ANTHONY JOINTER, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

June 28, 2013.

Attorney(s) appearing for the Case

Frank Ospino, Public Defender, Jean Wilkinson, Chief Deputy Public Defender, Mark S. Brown, Assistant Public Defender, and Kira Rubin, Deputy Public Defender, for Petitioner.

No appearance for Respondent.

Tony Rackauckas, District Attorney, and Anna M. Chinowth, Deputy District Attorney, for Real Party in Interest.

OPINION

IKOLA, J. —

In 1998, a jury convicted defendant Michael Anthony Jointer of second degree robbery with an enhancement for the personal use of a firearm. He had one prior serious felony conviction and five prior strike convictions. Defendant was sentenced to an indeterminate term of 34 years to life in state prison.

In September of 2012 defendant filed a motion pursuant to Penal Code section 14051

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