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Legal Opinion

People v. Drake

California Court of Appeal

Decided July 28, 1981No. Crim. 21121PublishedCited by 14 opinions

1Opinion of the Court

Opinion

GRODIN, J.

Samuel Drake appeals from the judgment which the trial court imposed after he entered a plea of guilty to 14 counts of robbery (Pen. Code, § 211). His sole complaint on appeal is with the aggregate 10-year sentence reflected in the abstract of judgment dated January 2, 1980. He contends that he was sentenced earlier to an aggregate term of six years, and that the court was without power to resentence him to the greater term. For the reasons set forth below, we agree with his contention.

Procedural Background

Drake initially came before the court for sentencing on December 19,…

2Cases cited19 opinions

  1. In Re CandelarioCalifornia Supreme Court · 1970
  2. People v. ThomasCalifornia Supreme Court · 1959
  3. People v. HartsellCalifornia Court of Appeal · 1973
  4. People v. McAllisterCalifornia Supreme Court · 1940
  5. People v. BentonCalifornia Court of Appeal · 1979

14 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. People v. KaramanCalifornia Supreme Court · 1992
  2. People v. HillCalifornia Court of Appeal · 1986
  3. People v. BurnsCalifornia Court of Appeal · 1984
  4. People v. CraigCalifornia Court of Appeal · 1998
  5. People v. CalderonCalifornia Court of Appeal · 1993

9 more not listed; retrieve them via the Exa API.

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