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PEOPLE v. CULVER

Docket No. Crim. 16831.

10 Cal.3d 542 (1973)

516 P.2d 887

111 Cal. Rptr. 183

THE PEOPLE, Plaintiff and Respondent, v. FRANK CULVER, Defendant and Appellant.

Supreme Court of California. In Bank.

December 20, 1973.

Attorney(s) appearing for the Case

COUNSEL

Curtis Hillyer, under appointment by the Supreme Court, and Marshall H. Lichtenstein, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Attorney General, William E. James, Assistant Attorney General, Gloria DeHart and Timothy A. Reardon, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

TOBRINER, J.

In 1963 defendant, Frank Culver, was convicted of attempted murder.1 Defendant filed a timely notice of appeal, but thereafter failed to file an opening brief and the appeal was subsequently dismissed. On February 26, 1971, the dismissal was set aside,2 the remittitur recalled and the appeal reinstated. This case is thus before us on direct appeal from...

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