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PEOPLE v. SMITH

Docket No. 23547.

38 Cal.App.3d 401 (1974)

113 Cal. Rptr. 409

THE PEOPLE, Plaintiff and Respondent, v. LARRY SMITH, Defendant and Appellant.

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

April 4, 1974.

Attorney(s) appearing for the Case

COUNSEL

Richard H. Levin, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Robert F. Katz and Robert R. Anderson, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

KAUS, P.J.

Defendant Larry Smith was charged with armed robbery. (Pen. Code, § 211.) A jury found him guilty of first degree robbery and also found that he was armed when the offense was committed. The court found a prior felony allegation to be true. Defendant was sentenced to prison; he was also sentenced to additional punishment under Penal Code section 12022.5, or "alternatively," to the minimum punishment provided...

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