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PEOPLE v. BREESE

Docket No. 10314.

240 Cal.App.2d 112 (1966)

49 Cal. Rptr. 357

THE PEOPLE, Plaintiff and Respondent, v. PAUL WEAVER BREESE, Defendant and Appellant.

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

February 10, 1966.

Attorney(s) appearing for the Case

Samuel Winnikoff, under appointment by the District Court of Appeal, Winnikoff & Kightlinger and Harry J. Kightlinger for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Ronald M. George, Deputy Attorney General, for Plaintiff and Respondent.

KINGSLEY, J.

Defendant was charged with, and pled guilty to, burglary in the second degree. Probation was denied and he was sentenced to state prison. He has appealed.

[1] The sole contention made on this appeal is that, in the light of information as to defendant's psychiatric and personality problems, as disclosed by the probation report, trial counsel should have either moved to vacate the guilty

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