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PEOPLE v. MARTINEZ

Docket No. 4982.

274 Cal.App.2d 170 (1969)

79 Cal. Rptr. 18

THE PEOPLE, Plaintiff and Respondent, v. GILBERT BALDIMAR MARTINEZ, Defendant and Appellant.

Court of Appeals of California, Third District.

June 19, 1969.

Attorney(s) appearing for the Case

Werner K. Zimmer, under appointment by the Court of Appeal, and Paul J. Petrozzi for Defendant and Appellant.

Thomas C. Lynch, Attorney General, Doris H. Maier, Assistant Attorney General, Jack R. Winkler and Edward A. Hinz, Jr., Deputy Attorneys General, for Plaintiff and Respondent.

FRIEDMAN, Acting P.J.

A jury found Gilbert Martinez guilty of first degree robbery and first degree murder. He appeals from the judgment.

According to the prosecution evidence, Gilbert, together with Robert Martinez, his younger brother, and Benny Corpos, had driven into a service station in Sacramento in Corpos' Pontiac sedan and attempted to hold up James Currin, the attendant. Robert had fired a single shot at Currin after the latter had secured a .25 caliber...

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