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PEOPLE v. WHEELER

Docket No. Crim. 20233.

22 Cal.3d 258 (1978)

583 P.2d 748

148 Cal. Rptr. 890

THE PEOPLE, Plaintiff and Respondent, v. JAMES MICHAEL WHEELER et al., Defendants and Appellants.

Supreme Court of California.

September 25, 1978.

Attorney(s) appearing for the Case

COUNSEL

Edward I. Gritz, Halpern & Halpern and H. Russell Halpern for Defendants and Appellants.

Paul N. Halvonik, State Public Defender, Clifton R. Jeffers, Chief Assistant State Public Defender, Ezra Hendon, Mark Fogelman, Deputy State Public Defenders, and Jonathan R. Adler as Amici Curiae on behalf of Defendants and Appellants.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, A. Wells Petersen, Harley D. Mayfield, Beatrice W. Kemp and John W. Carney, Deputy Attorneys General, for Plaintiff and Respondent.

C. Stanley Trom, District Attorney (Ventura), Michael D. Bradbury, Assistant District Attorney, and Peter D. Kossoris, Deputy District Attorney, as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

MOSK, J.

Defendants James Michael Wheeler and Robert Willis appeal from judgments convicting them of murdering Amaury Cedeno, a grocery store owner, in the course of a robbery. (Pen. Code, §§ 187, 189.)

During the noon hour Cedeno withdrew $6,000 in cash from a bank and returned with the money to his store. As he entered he was seen to be grappling with another...

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