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PEOPLE v. THANH HUYNH

No. G048804.

227 Cal.App.4th 1210 (2014)

174 Cal. Rptr. 3d 173

THE PEOPLE, Plaintiff and Respondent, v. RANDY THANH HUYNH, Defendant and Appellant.

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

June 18, 2014.

Attorney(s) appearing for the Case

Tony Rackauckas , District Attorney, and Matthew Lockhart , Deputy District Attorney, for Plaintiff and Appellant.

Frank Ospino , Public Defender, Mark S. Brown , Assistant Public Defender, and Scott Van Camp , Deputy Public Defender, for Defendant and Respondent.

OPINION

O'LEARY, P. J. —

The issue in this case is simply, what does "previously convicted" in Penal Code section 667.61, subdivision (d)(1), mean (all further statutory references are to the Penal Code)? The Orange County District Attorney argues "previously convicted" means a defendant was convicted of a qualifying offense but it is immaterial whether the qualifying offense occurred before or after the currently charged...

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