P. v. Brock 9/26/07 CA2/8

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B179876B

Case Date: 12/19/2007

Preview:Filed 9/26/07

Opinion on remand from Supreme Court, reposted to correct typo in index line

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT

THE PEOPLE, Plaintiff and Respondent, v. GUAN TYRONE BROCK, Defendant and Appellant.

B179876 (Los Angeles County Super. Ct. No. BA261200)

APPEAL from the judgment of the Superior Court of Los Angeles County, Ruffo Espinosa, Jr., Judge. Affirmed with modifications.

Karyn H. Bucur, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Edmund G. Brown Jr., Attorneys General, Robert R. Anderson, Dane R. Gillette, Chief Assistant Attorneys General, Pamela C. Hamanaka, Assistant Attorney General, Steven D. Matthews and Kyle S. Brodie, Deputy Attorneys General, for Plaintiff and Respondent.

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The United States Supreme Court granted certiorari in this case and vacated the judgment, for further consideration in light of Cunningham v. California (2007) 549 U.S. ___ [127 S.Ct. 856] (Cunningham). Appellant Guan Tyrone Brock escaped from a parole halfway house. He was sentenced to six years in prison for the crime of escape from custody, without force or violence. (Pen. Code,

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