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PEOPLE v. MARCHIALETTE

Docket No. 25383.

45 Cal.App.3d 974 (1975)

119 Cal. Rptr. 816

THE PEOPLE, Plaintiff and Respondent, v. WARREN MARCHIALETTE, Defendant and Appellant.

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

March 12, 1975.

Attorney(s) appearing for the Case

COUNSEL

David C. Tunick, 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, Donald J. Oeser and Owen Lee Kwong, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

LORING, J.*

Warren Marchialette (Marchialette) was charged with the murder of Leon Simmons (Simmons) with malice aforethought on March 4, 1973. An amended information charged that in the commission of the offense, he used a firearm and an amendment to the information charged two prior convictions — a violation of Penal Code section 192, subdivision 1 (voluntary manslaughter) on June 25,...

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