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PEOPLE v. WARE

Docket No. 11168.

241 Cal.App.2d 143 (1966)

50 Cal. Rptr. 252

THE PEOPLE, Plaintiff and Respondent, v. JACKIE EUGENE WARE, Defendant and Appellant.

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

March 25, 1966.

Attorney(s) appearing for the Case

Irving Davidson, under appointment by the District Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Norman H. Sokolow, Deputy Attorney General, for Plaintiff and Respondent.

FILES, P.J.

This is a second appeal arising out of defendant's conviction of two counts of first degree robbery committed September 14, 1963, in violation of Penal Code section 211. Before sentencing defendant to state prison on January 29, 1964, the trial judge stated that he was "prohibited by the code" from granting probation. On defendant's appeal the District Court of Appeal for the Second Appellate District, Division Two, in an unpublished opinion, pointed out...

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