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P. v. Vallin
Defendant, Saul Vallin, appeals from his convictions for two counts of first degree burglary (Pen. Code, 459) and two counts of theft ( 484, subd. (a)) and the special finding that a person was present during one of the burglaries. ( 667.5, subd. (c)(21).) Defendant argues: there was insufficient evidence to support two separate first degree burglary convictions and the finding that the victim was present in the residence; the prosecutor committed misconduct; and, if the prosecutorial issue has been forfeited, defense counsel failed to provide effective representation. Court reverse the special finding that the victim in count 1 was present within the meaning of section 667.5, subdivision (c)(21) during the burglary, modify defendants presentence credits and otherwise affirm the judgment.

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