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PEOPLE v. MENDEVIL

Docket Nos. 31648, 52032.

81 Cal.App.3d 84 (1978)

146 Cal. Rptr. 65

THE PEOPLE, Plaintiff and Appellant, v. RICHARD ANTHONY MENDEVIL, Defendant and Respondent. THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; RICHARD ANTHONY MENDEVIL, Real Party in Interest.

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

May 19, 1978.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, District Attorney, Donald J. Kaplan and Roderick W. Leonard, Deputy District Attorneys, for Plaintiff and Appellant and for Petitioner.

Wilbur F. Littlefield, Public Defender, Dennis A. Fischer, William Klump and Leighton A. Nugent, Deputy Public Defenders, for Defendant and Respondent and for Real Party in Interest.

No appearance for Respondent.

OPINION

BEACH, J.

Respondent herein was convicted after a jury trial of violating Penal Code sections 12303 (possessing a bomb) and 12303.3 (recklessly possessing a destructive device in a public building). Although count 2 provides for greater punishment (both under the determinate sentencing law and the indeterminate sentencing law), the trial court stayed execution of the sentence as to count 2 until defendant finished his term...

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