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PEOPLE v. VARGAS

Docket No. Crim. 16541.

9 Cal.3d 470 (1973)

509 P.2d 959

108 Cal. Rptr. 15

THE PEOPLE, Plaintiff and Respondent, v. PEDRO ORTIZ VARGAS, Defendant and Appellant.

Supreme Court of California. In Bank.

May 16, 1973.

Attorney(s) appearing for the Case

COUNSEL

Frank L. Williams, Jr., Public Defender, James R. Goff, David W. Duncan and James J. Barnett, Deputy Public Defenders, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Herbert L. Ashby, Chief Assistant Attorney General, William E. James, Assistant Attorney General, Derald E. Granberg and Jay M. Bloom, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BURKE, J.

Defendant appeals from a conviction of robbery (Pen. Code, § 211) following trial by jury. He asserts that prejudicial error occurred at trial, namely, two separate violations of the rule which forbids any adverse comment upon the exercise of his right to remain silent at trial. (See Griffin v. California, 380 U.S. 609 [14 L.Ed.2d 106, 85 S.Ct. 1229].) We have concluded...

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