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IN RE PACHECO

No. B199500.

66 Cal.Rptr.3d 799 (2007)

155 Cal.App.4th 1439

In re Damian PACHECO, on Habeas Corpus.

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

October 10, 2007.

Attorney(s) appearing for the Case

Richard B. Lennon, under appointment by the Court of Appeal, for Petitioner Damian Pacheco.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Senior Assistant Attorney General, Heather Bushman and Gregory J. Marcot, Deputy Attorneys General, for Respondents James E. Tilton, Secretary, California Department of Corrections and Rehabilitation, and J. Marshall, Warden of the California Men's Colony.

PERREN, J.

Petitioner Damian Pacheco was convicted by plea of inflicting corporal injury on a cohabitant. He admitted the special allegation that he inflicted great bodily injury (GBI) on the victim. (Pen.Code, §§ 273.5, 12022.7, subd. (a).)1 At sentencing, the trial court struck the punishment for the GBI enhancement pursuant to section 1385, and sentenced petitioner to the midterm of three years in prison. (§ 273.5, subd...

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