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PEOPLE v. AVALOS

Docket No. Crim. 23031.

37 Cal.3d 216 (1984)

689 P.2d 121

207 Cal. Rptr. 549

THE PEOPLE, Plaintiff and Respondent, v. ARTHUR MANUEL AVALOS, Defendant and Appellant.

Supreme Court of California.

November 8, 1984.

Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, and Steffan Imhoff, Deputy State Public Defender, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Daniel J. Kremer, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Robert F. Katz and Paul C. Ament, Deputy Attorneys General, for Plaintiff and Respondent.

Robert H. Philibosian, District Attorney (Los Angeles), Harry B. Sondheim and Richard W. Gerry, Deputy District Attorneys, as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

REYNOSO, J.

Following a jury trial the Superior Court of Ventura County entered a judgment convicting Arthur Manuel Avalos of murder in the second degree with use of a firearm, and of two counts of assault with a deadly weapon, both involving use of a firearm and infliction of great bodily injury.

The primary issue presented by this appeal is whether the trial court erred when it (1) instructed the jury it could return...

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