PEOPLE v. McGRATH

Docket No. 8508.

62 Cal.App.3d 82 (1976)

133 Cal. Rptr. 27

THE PEOPLE, Plaintiff and Respondent, v. JOSEPH WILLARD McGRATH, Defendant and Appellant.

Court of Appeals of California, Third District.

September 16, 1976.


Attorney(s) appearing for the Case

COUNSEL

Robert M. Wheatley, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Roger E. Venturi and Janice Hayes, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

EVANS, J.

Defendant appeals from a judgment of conviction of first degree murder (Pen. Code, § 187), and grand theft person (Pen. Code, § 487, subd. 2). The jury also found that in the commission of the murder, the defendant used a firearm, a .38 caliber revolver (Pen. Code, § 12022.5).

Defendant was sentenced to state prison for each offense with an additional mandatory term for use of a firearm. Execution...

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