PEOPLE v. MATTA

Docket No. 2077.

57 Cal.App.3d 472 (1976)

129 Cal. Rptr. 205

THE PEOPLE, Plaintiff and Respondent, v. FRANCISCO ALVARADO MATTA, Defendant and Appellant.

Court of Appeals of California, Fifth District.

March 31, 1976.


Attorney(s) appearing for the Case

COUNSEL

Alan M. Caplan, 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, James T. McNally and Susan Rankin Bunting, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

BROWN (G.A.), P.J.

Appellant was convicted by a jury of second degree murder in violation of Penal Code section 187. He was denied probation and sentenced to state prison for the term prescribed by law. He was acquitted of a charge of assault with force likely to produce great bodily harm (Pen. Code, § 245), which charge had been consolidated with the murder charge for trial.

The victim, John Fetzer, was taken...

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