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PEOPLE v. RUBIO

Docket No. 29100.

71 Cal.App.3d 757 (1977)

139 Cal. Rptr. 750

THE PEOPLE, Plaintiff and Respondent, v. HENRY RUBIO, Defendant and Appellant.

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

July 14, 1977.

Attorney(s) appearing for the Case

COUNSEL

Paul Halvonik, State Public Defender, under appointment by the Court of Appeal, Charles M. Sevilla, Chief Assistant State Public Defender, Martin Stein and Jerry Smilowitz, Deputy State Public Defenders, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, William R. Pounders and Roger W. Boren, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

JEFFERSON (Bernard), J.

Defendant Henry Rubio was charged by information with robbery, in violation of Penal Code section 211. It was further alleged that defendant had used a firearm, to wit, a handgun, while committing the offense. Defendant entered a plea of not guilty. His trial was by jury.

Defendant was found guilty of robbery in the first degree, and the jury determined that the firearm use allegation was true...

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