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PEOPLE v. DONNELL

Docket No. 28609.

65 Cal.App.3d 227 (1976)

135 Cal. Rptr. 217

THE PEOPLE, Plaintiff and Respondent, v. EDWARD DONNELL, JR., et al., Defendants and Appellants.

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

December 23, 1976.

Attorney(s) appearing for the Case

COUNSEL

Patricia A. Shanahan and Herbert F. Blanck, under appointments by the Court of Appeal, for Defendants and Appellants.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Shunji Asari and Donald R. Currier, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

KAUS, P.J.

After a court trial defendants Donnell and Handcox were each convicted of first degree robbery.1 Both defendants were sentenced to prison and appeal from the judgment.

Two legal issues are raised by defendants: (1) Whether section 739 of the Penal Code, as interpreted, permitted the prosecutor to file an information charging defendants...

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