PEOPLE v. OTIS

Docket No. 22480.

33 Cal.App.3d 893 (1973)

109 Cal. Rptr. 444

THE PEOPLE, Plaintiff and Respondent, v. JERRY AMOS OTIS, Defendant and Appellant.

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

August 8, 1973.


Attorney(s) appearing for the Case

COUNSEL

Edward Barker, 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, and Robert F. Katz, Deputy Attorney General, for Plaintiff and Respondent.


OPINION

LILLIE, J.

Defendant was charged with the murder of one Snell, and that during the commission of the offense he used a firearm, to wit, a shotgun. A jury convicted him of voluntary manslaughter, a lesser and included offense, and found he used a shotgun in the commission of the crime as alleged. A motion to strike the factual finding pursuant to section 12022.5, Penal Code

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