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PEOPLE v. PHILLIPS

Docket No. 3065.

90 Cal.App.3d 356 (1979)

153 Cal. Rptr. 359

THE PEOPLE, Plaintiff and Respondent, v. NICHOLAS EUGENE PHILLIPS, Defendant and Appellant.

Court of Appeals of California, Fifth District.

March 12, 1979.

Attorney(s) appearing for the Case

COUNSEL

Quin Denvir and Paul Halvonik, State Public Defenders, under appointment by the Court of Appeal, Gary S. Goodpaster, Chief Assistant State Public Defender, and Ted W. Isles, Deputy State Public Defender, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Charles P. Just and Nancy L. Sweet, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

CREEDE, J.*

Appellant was convicted after a bifurcated jury trial of murder in the second degree (Pen. Code, §§ 187, 189) with the finding that he used a firearm under Penal Code section 12022.5. The same jury found he was sane at the time the offense was committed. The court denied probation, struck the jury's finding on the use of a firearm...

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