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PEOPLE v. LOVE

Docket No. 16381.

75 Cal.App.3d 928 (1977)

142 Cal. Rptr. 532

THE PEOPLE, Plaintiff and Respondent, v. EMMETT LOVE, JR., Defendant and Appellant.

Court of Appeals of California, First District, Division Three.

December 15, 1977.

Attorney(s) appearing for the Case

COUNSEL

Geoffrey J. Etnire, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, W. Eric Collins and Dane R. Gillette, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

KING, J.*

Appellant, Emmett Love, Jr., and codefendant Paul A. Fulmer, after a jury trial, were convicted of robbery (Pen. Code, § 211) with an allegation of use of a firearm by each (Pen. Code, § 12022.5). Appellant's motion for new trial was denied, but the use clause was stricken as to him.1

On November 21, 1975, Richard Koster was working as the...

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