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  5. 159 Cal.App.2d 444 (1958)
 

PEOPLE v. KOSTAL

Docket No. 5989.

159 Cal.App.2d 444 (1958)

323 P.2d 1020

THE PEOPLE, Respondent, v. ALBERT JOSEPH KOSTAL, Appellant.

Court of Appeals of California, Second District, Division Two.

April 17, 1958.

Attorney(s) appearing for the Case

Joseph M. Rosen, under appointment by the District Court of Appeal, and Harold J. Ackerman for Appellant.

Edmund G. Brown, Attorney General, and John A. Vander Lans, Deputy Attorney General, for Respondent.

FOX, P.J.

Defendant was convicted of armed robbery. He was charged with and admitted three prior convictions, which resulted in his imprisonment. Defendant's motion for a new trial was denied and he was sentenced to the state penitentiary, the prior and present sentences to run consecutively. Defendant has appealed from the order denying his motion for a new trial and from the judgment.

Defendant escaped from Folsom Penitentiary on November

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