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State Courts -
California - May 18, 2007
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People v. Lozano, B189649,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, May 18, 2007, Filed
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Overview: Error in imposing an upper term for vandalism under Pen. Code, ? 594, subd. (a), without jury findings or admissions, was harmless because it was uncontested that defendant committed multiple acts and caused $ 7,100 in damage. The only defense was that someone else committed the crime, and a jury found that defendant committed the crime.
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