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PEOPLE v. HOUTS

Docket No. 3009.

86 Cal.App.3d 1012 (1978)

150 Cal. Rptr. 589

THE PEOPLE, Plaintiff and Respondent, v. DANIEL J. HOUTS, Defendant and Appellant.

Court of Appeals of California, Fifth District.

November 30, 1978.

Attorney(s) appearing for the Case

COUNSEL

Paul Halvonik, State Public Defender, under appointment by the Court of Appeal, Gary S. Goodpaster, Chief Assistant State Public Defender, Richard E. Shapiro and Richard L. Phillips, Deputy State Public Defenders, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Joel Carey and J. Robert Jibson, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

HOPPER, J.

This is an appeal from a second degree murder conviction in which the jury also found that the defendant was armed with a firearm (Pen. Code, § 12022; § 3024, subd. (a), repealed by Stats. 1976, ch. 1139, § 279.).

The facts are these: In November of 1975, Robert Sinor lived in the town of Friant, Fresno County. A man of 61 years old, he lived alone in a small cabin and was in poor physical...

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