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  5. 261 Cal.App.2d 566 (1968)
 

PEOPLE v. PALACIOS

Docket No. 2925.

261 Cal.App.2d 566 (1968)

68 Cal. Rptr. 137

THE PEOPLE, Plaintiff and Respondent, v. ROBERTO PONCE PALACIOS, Defendant and Appellant.

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

April 25, 1968.

Attorney(s) appearing for the Case

Jonathan C. Gibson, under appointment by the Court of Appeal, for Defendant and Appellant.

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

WHELAN, J.

Defendant appeals from a judgment imposing sentence after he had been found guilty in a nonjury trial of theft from the person and of having suffered a previous

felony conviction. A codefendant, Flores, also found guilty of theft from the person, has not appealed.

At about 10:30 a.m. on Sunday, March 5, 1967, one Fowler, already suffering from having looked too long upon the wine when it was red, and probably sweet, sat on a bench in Horton...

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