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PEOPLE v. WALKER

Docket No. Crim. 19278.

18 Cal.3d 232 (1976)

555 P.2d 306

133 Cal. Rptr. 520

THE PEOPLE, Plaintiff and Respondent, v. JOHN EARL WALKER, Defendant and Appellant.

Supreme Court of California.

October 25, 1976.

Attorney(s) appearing for the Case

COUNSEL

John Earl Walker, in pro. per., Norman W. de Carteret, under appointment by the Supreme Court, and Herbert F. Blanck, under appointment by the Court of Appeal, for Defendant and Appellant.

Sheldon Portman, Public Defender (Santa Clara), and Richard C. Neuhoff, Deputy Public Defender, as Amici Curiae on behalf of Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, William R. Pounders, Cynthia Sonns Waldman and Michael Nash, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

WRIGHT, C.J.

The primary question at issue on this appeal is whether a defendant must personally use a firearm in the commission of a charged felony if he is to be subjected to the increased penalties provided by Penal Code section 12022.5.1 We answer that question in the affirmative but as defendant was sentenced to a life term by virtue of the...

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