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PEOPLE v. CORTEZ

Docket No. 11343.

103 Cal.App.3d 491 (1980)

163 Cal. Rptr. 1

THE PEOPLE, Plaintiff and Respondent, v. PETER CORTEZ, Defendant and Appellant.

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

February 27, 1980.

Attorney(s) appearing for the Case

COUNSEL

Appellate Defenders, Inc., under appointment by the Court of Appeal, and Handy Horiye for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, A. Wells Petersen and Jay M. Bloom, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

THE COURT.*

Peter Cortez appeals his conviction of robbery (Pen. Code, § 211) based upon his plea of guilty. He challenges the court's imposition of the upper base term of five years for the crime.

Cortez entered a Seven-Eleven store about 3 a.m., poked a screwdriver to Henry Virgil's ribs and took money from the store. In the course of this transaction, Robert DeRosa entered the store...

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