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PEOPLE v. ORRANTE

Docket Nos. 3963, 20003.

201 Cal.App.2d 553 (1962)

20 Cal. Rptr. 480

THE PEOPLE, Plaintiff and Appellant, v. ERNESTINE ORRANTE, Defendant and Respondent. THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; ERNESTINE ORRANTE, Real Party in Interest.

Court of Appeals of California, First District, Division One.

March 19, 1962.

Attorney(s) appearing for the Case

Stanley Mosk, Attorney General, John S. McInerny, Arlo E. Smith and Albert W. Harris, Jr., Deputy Attorneys General, for Plaintiff and Appellant in Crim. No. 3963 and for Petitioner in Civ. No. 20003.

Martin N. Pulich, Public Defender, and James C. Hooley, Assistant Public Defender, for Defendant and Respondent in Crim. No. 3963 and for Real Party in Interest in Civ. No. 20003.

No appearance for Respondent in Civ. No. 20003.

SULLIVAN, J.

The principal question for our determination in this case is whether the defendant who was convicted below of murder in the second degree and who was at the time of the perpetration of said crime armed with a deadly weapon, is eligible for probation under the provisions of section 1203 of the Penal Code. We have concluded that she is not and that the trial court acted in excess of its jurisdiction in granting probation to her. We have also concluded that...

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