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PEOPLE v. CHOJNACKY

Docket No. Crim. 16385.

8 Cal.3d 759 (1973)

505 P.2d 530

106 Cal. Rptr. 106

THE PEOPLE, Plaintiff and Respondent, v. KENNETH RAY CHOJNACKY, Defendant and Appellant.

Supreme Court of California. In Bank.

January 30, 1973.

Attorney(s) appearing for the Case

COUNSEL

Chern & Sharpe, Chern, Sharpe, Farren & Kresse and Bruce Sharpe for Defendant and Appellant.

Evelle J. Younger, Attorney General, Herbert L. Ashby, Chief Assistant Attorney General, William E. James, Assistant Attorney General, S. Clarke Moore and Norman H. Sokolow, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BURKE, J.

A jury found Kenneth Ray Chojnacky guilty of robbery and determined that the crime was of the first degree and that he was armed with a deadly weapon at the time of the offense. A prison sentence was imposed, and defendant appeals from the judgment.

Defendant contends that (1) under United States v. Wade, 388 U.S. 218 [18 L.Ed.2d 1149, 87 S.Ct. 1926], and Gilbert...

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