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PEOPLE v. VALENCIA

No. C079394.

245 Cal.App.4th 730 (2016)

199 Cal. Rptr. 3d 898

THE PEOPLE, Plaintiff and Respondent, v. MANUEL THOMAS VALENCIA, Defendant and Appellant.

Court of Appeals of California, Third District.

March 16, 2016.

Attorney(s) appearing for the Case

William D. Farber , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Gerald A. Engler , Chief Assistant Attorney General, Michael P. Farrell , Assistant Attorney General, Daniel B. Bernstein and Peter H. Smith , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

Defendant Manuel Thomas Valencia appeals from the trial court's order denying his petition for resentencing pursuant to Penal Code section 1170.18.1 He contends the court erred in finding his conviction for second degree burglary (§ 459) was ineligible for resentencing.

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