PEOPLE v. TANNER

Docket No. Crim. 20075.

24 Cal.3d 514 (1979)

596 P.2d 328

156 Cal. Rptr. 450

THE PEOPLE, Plaintiff and Appellant, v. HAROLD EMORY TANNER, Defendant and Respondent.

Supreme Court of California.

June 14, 1979.


Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger and George Deukmejian, Attorneys General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Gloria DeHart, Clifford K. Thompson, Jr., Patrick G. Golden and Laurence K. Sullivan, Deputy Attorneys General, for Plaintiff and Appellant.

John K. Van de Kamp, District Attorney (Los Angeles), Harry B. Sondheim and Maurice H. Oppenheim, Deputy District Attorneys, Condit & Hanelt, Thomas W. Condit and Frederic M. Hanelt as Amici Curiae on behalf of Plaintiff and Appellant.

Thomas J. Nolan, Jr., under appointment by the Supreme Court, for Defendant and Respondent.

Wilbur F. Littlefield, Public Defender (Los Angeles), Harold E. Shabo, Dennis A. Fischer, Deputy Public Defenders, Paul N. Halvonik and Quin Denvir, State Public Defenders, Clifton R. Jeffers, Chief Assistant State Public Defender, Michael G. Millman, Harriet Wiss Hirsch, Deputy State Public Defenders, Monroe & Riddet, Keith C. Monroe, Roger S. Hanson and George C. Martinez as Amici Curiae on behalf of Defendant and Respondent.


OPINION

CLARK, J.

People appeal from order striking jury finding that defendant used a firearm during the commission of robbery. The order disregards mandatory language of Penal Code section 1203.06.1 We conclude the trial court erred.

(1a), (2) (See fn. 2.) This appeal involves a single issue: Did the Legislature in enacting section 1203...

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