PEOPLE v. SMYERS

Docket No. 16220.

2 Cal.App.3d 666 (1969)

83 Cal. Rptr. 3

THE PEOPLE, Plaintiff and Respondent, v. DAVID DWIGHT SMYERS, Defendant and Appellant.

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

December 16, 1969.


Attorney(s) appearing for the Case

COUNSEL

Frank Duncan, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Frederick R. Millar, Jr., Deputy Attorney General, for Plaintiff and Respondent.


OPINION

JEFFERSON, Acting P.J.

A jury found defendant guilty of burglary, rape and two counts of first degree robbery. As to the robbery counts, the verdicts each contained the additional finding that defendant was armed at the time of the commission of the offense. Defendant appealed and, in People v. Smyers, 261 Cal.App.2d 690 [68 Cal.Rptr. 194

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