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PEOPLE v. GARDNER

Docket No. 8101.

56 Cal.App.3d 91 (1976)

128 Cal. Rptr. 101

THE PEOPLE, Plaintiff and Respondent, v. CHARLES GARDNER, Defendant and Appellant.

Court of Appeals of California, Third District.

March 8, 1976.

Attorney(s) appearing for the Case

COUNSEL

Thomas H. Frankel 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 Daniel T. Dauenhauer, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

PARAS, J.

Defendant appeals from convictions of assault with a deadly weapon by a life prisoner (Pen. Code, § 4500) and possession of a sharp instrument while a prisoner in a state prison (Pen. Code, § 4502).

On August 7, 1973, defendant was an inmate at Deuel Vocational Institution (at Tracy, California) serving a life sentence after conviction of first degree murder. He was housed in a maximum security...

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