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PEOPLE v. ATWOOD

Docket No. 4321.

223 Cal.App.2d 316 (1963)

35 Cal. Rptr. 831

THE PEOPLE, Plaintiff and Respondent, v. GARY EDWARD ATWOOD, Defendant and Appellant.

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

December 16, 1963.

Attorney(s) appearing for the Case

Robert N. Beechinor, under appointment by the District Court of Appeal, for Defendant and Appellant.

Stanley Mosk, Attorney General, Albert W. Harris, Jr., Keith E. Pugh, Jr., and J.F. Kraetzer, Deputy Attorneys General, for Plaintiff and Respondent.

SULLIVAN, J.

Defendant Gary Edward Atwood was found guilty by a jury of burglary of the first degree. (Pen. Code, §§ 459, 460, subd. 1.) Upon defendant's arraignment for judgment, the court on its own motion modified the verdict to a finding of guilty of burglary of the second degree (Pen. Code, § 460, subd. 2) and sentenced defendant to the state prison. Defendant appeals from the judgment.

On January 16, 1962, at about 11 p.m. Wilbur Fradenburg...

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