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PEOPLE v. BERRY

Docket No. Crim. 19194.

18 Cal.3d 509 (1976)

556 P.2d 777

134 Cal. Rptr. 415

THE PEOPLE, Plaintiff and Respondent, v. ALBERT JOSEPH BERRY, Defendant and Appellant.

Supreme Court of California.

December 8, 1976.

Attorney(s) appearing for the Case

COUNSEL

Edward W. Suman, under appointment by the Supreme Court, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Conrad D. Petermann and Alan S. Meth, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

SULLIVAN, J.

Defendant Albert Joseph Berry was charged by indictment with one count of murder (Pen. Code, § 187) and one count of assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)).1 The indictment was amended to allege one prior felony conviction which defendant admitted.2

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