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IN RE PERDUE

No. B250221.

221 Cal.App.4th 1070 (2013)

165 Cal. Rptr. 3d 137

In re ANDRE J. PERDUE on Habeas Corpus.

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

December 2, 2013.

Attorney(s) appearing for the Case

Sean K. Kennedy , Federal Public Defender, and Patricia A. Young , Deputy Public Defender, for Petitioner Andre J. Perdue.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Lance E. Winters , Assistant Attorney General, Steven D. Matthews , Roberta L. Davis , Marc A. Kohm and Peggy Z. Huang , Deputy Attorneys General, for Respondent Department of Corrections and Rehabilitation.

OPINION

YEGAN, J. —

Andre J. Perdue was convicted by a jury of violating Penal Code former section 12370, subdivision (a) (12370(a)), which proscribed the possession of body armor by a person who has been convicted of a violent felony.1 The trial court imposed the upper term of three years and doubled it to six years because of a prior strike conviction.

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