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PEOPLE v. CARTER

Docket No. 25326.

46 Cal.App.3d 260 (1975)

120 Cal. Rptr. 181

THE PEOPLE, Plaintiff and Respondent, v. LUGENE CARTER, Defendant and Appellant.

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

March 19, 1975.

Attorney(s) appearing for the Case

COUNSEL

James L. McIntosh, 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, Norman H. Sokolow and James H. Kline, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

STEPHENS, J.

The appeal in this case follows a conviction and sentence for robbery in the first degree. (Pen. Code, §§ 211 and 211a.)

The main thrust of the appeal is that reversal is required, based upon evidence not adduced at trial; that by virtue of the failure to interview a witness and thereafter to exercise a reasonable tactical decision as to whether to call said person to testify, the trial was relegated...

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