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PEOPLE v. McCULLIN

Docket No. 19176.

19 Cal.App.3d 795 (1971)

97 Cal. Rptr. 107

THE PEOPLE, Plaintiff and Appellant, v. BRUCE MILTON McCULLIN, Defendant and Respondent.

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

August 31, 1971.

Attorney(s) appearing for the Case

COUNSEL

Thomas C. Lynch and Evelle J. Younger, Attorneys General, William E. James, Assistant Attorney General, Joseph P. Busch, Jr., District Attorney, Harry Wood, Harry B. Sondheim and Donald J. Kaplan, Deputy District Attorneys, for Plaintiff and Appellant.

No appearance for Defendant and Respondent.1

OPINION

AISO, J.

(1) The sole question for decision is whether Penal Code section 1202b applies where a defendant, under 23 years of age, is convicted of murder of the first degree (Pen. Code, §§ 187, 189) subsequent to a stipulation by the People which would bar imposition of the death penalty in his particular case.

An information charged defendant Bruce Milton McCullin with murder (Pen. Code, §...

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