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PEOPLE v. KERRY

Docket No. 12084.

249 Cal.App.2d 246 (1967)

57 Cal. Rptr. 289

THE PEOPLE, Plaintiff and Respondent, v. JAMES HARVEY KERRY, Defendant and Appellant.

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

March 7, 1967.

Attorney(s) appearing for the Case

James Harvey Kerry, in pro. per., Cooper & Nelson and Maxwell S. Keith for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and William V. Ballough, Deputy Attorney General, for Plaintiff and Respondent.

LILLIE, J.

Defendant was charged with two counts of indecent exposure (Pen. Code, § 314, subd. 1) and two prior felony convictions (burglary and indecent exposure). The jurors were unable to agree and a mistrial was declared. Before the second trial, and outside of the presence of the jury, defendant admitted the priors. He was convicted on both counts. Committed to Atascadero State Hospital for observation and diagnosis, he was found not to be a mentally disordered...

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