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PEOPLE v. LAGUNAS

Docket No. S032503.

8 Cal.4th 1030 (1994)

884 P.2d 1015

36 Cal. Rptr.2d 67

THE PEOPLE, Plaintiff and Appellant, v. FRANK JOE LAGUNAS, Defendant and Respondent.

Supreme Court of California.

December 12, 1994.

Attorney(s) appearing for the Case

COUNSEL

Ira Reiner and Gil Garcetti, District Attorneys, Maurice H. Oppenheim, Harry B. Sondheim, Natasha Cooper and Patrick D. Moran, Deputy District Attorneys, for Plaintiff and Appellant.

Wilbur F. Littlefield, Public Defender, Albert J. Menaster, Robert Fefferman and Alex Ricciardulli, Deputy Public Defenders, for Defendant and Respondent.

Gary M. Mandinach as Amicus Curiae on behalf of Defendant and Respondent.

OPINION

KENNARD, J.

By statute, a trial court may grant a new trial "[w]hen the verdict or finding is contrary to law or evidence"; if, however, the evidence shows that the defendant is guilty only of a lesser offense necessarily included in the crime charged, the court may modify the verdict or judgment accordingly. (Pen. Code, § 1181, subd. 6.)1 Here, the Court of Appeal held that, even though...

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