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PEOPLE v. QUINONES

No. C074081.

228 Cal.App.4th 1040 (2014)

175 Cal. Rptr. 3d 906

THE PEOPLE, Plaintiff and Respondent, v. HUMBERTO QUINONES, Defendant and Appellant.

Court of Appeals of California, Third District.

August 11, 2014.

Attorney(s) appearing for the Case

Hilda Scheib , 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, Eric L. Christoffersen and John G. McLean , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

DUARTE, J. —

In this case we consider whether an arming enhancement — found true by the jury but dismissed for sentencing purposes at defendant Humberto Quinones's original 1996 sentencing hearing — may be used to disqualify him for resentencing under Proposition 36. We conclude the answer is yes, and affirm the order denying his petition to recall his sentence...

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