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P. v. Wade
On December 9, 2010, an information charged defendant and appellant William Earl Wade with criminal threats under Penal Code section 422 (count 1), and dissuading a witness from testifying under Penal Code section 136.1, subdivision (a)(1), (count 2). The information also alleged that defendant had suffered a prior conviction under Penal Code sections 1170.12, subdivisions (a) through (d), and 667, subdivisions (b) through (i).
On December 21, 2010, defendant pled not guilty to all counts. On February 4, 2011, jury trial commenced. On February 15, 2011, defendant’s motion pursuant to Penal Code section 1118.1, to dismiss count 1, was denied. On February 16, 2011, the jury found defendant guilty on both counts, and on March 25, 2011, defendant admitted the prior allegation charged in the information.
On April 22, 2011, the trial court denied probation and sentenced defendant to prison for six years as follows: on count 1—the upper term of three years, doubled under Penal Code section 1170.12; and count 2—365 days in county jail to run concurrent to count 1. The court ordered defendant to pay various fines and fees, and awarded defendant 285 days of credit for time served.
After a timely notice of appeal was not filed on defendant’s behalf, we granted defendant’s petition for habeas corpus to establish constructive timely filing of a notice of appeal.

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