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PEOPLE v. EARNEST

Docket No. 7891.

53 Cal.App.3d 734 (1975)

126 Cal. Rptr. 107

THE PEOPLE, Plaintiff and Respondent, v. JOHNNY RAY EARNEST, Defendant and Appellant.

Court of Appeals of California, Third District.

December 15, 1975.

Attorney(s) appearing for the Case

COUNSEL

Richard Keith Corbin, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Eddie T. Keller and Gary A. Binkerd, Deputy Attorneys General, for Plaintiff and Appellant.

OPINION

PARAS, J.

A jury convicted defendant of arson (Pen. Code, § 447a);1 sentence was suspended and he was placed on probation. He appeals.

Defendant solicited a 15-year-old boy, Ruben Munoz, to burn down his house so that he could collect the insurance proceeds. Munoz died in the fire, and defendant was originally indicted for murder as well as arson. The trial court dismissed the murder...

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