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PEOPLE v. GAYNOR

Docket No. 8401.

223 Cal.App.2d 575 (1963)

36 Cal. Rptr. 219

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL GAYNOR, Defendant and Appellant.

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

December 19, 1963.

Attorney(s) appearing for the Case

Morrise Davis, under appointment by the District Court of Appeal, for Defendant and Appellant.

Stanley Mosk, Attorney General, Doris H. Maier, Assistant Attorney General, and Edsel W. Haws, Deputy Attorney General, for Plaintiff and Respondent.

FOX, P.J.

Defendant was charged with burglary (Pen. Code, § 459) in Counts 1, 2 and 4 of an information, and with grand theft of an automobile (Pen. Code, § 487, subd. 3) in Count 3. It was also alleged that he had suffered a prior felony conviction of robbery. Defendant's counsel made a motion under section 995 of the Penal Code as to Count 4 only. This motion was denied. The case was submitted on the transcript...

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