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PEOPLE v. CRUZ

Docket No. 30303.

83 Cal.App.3d 308 (1978)

147 Cal. Rptr. 740

THE PEOPLE, Plaintiff and Respondent, v. JAMES HERNANDEZ CRUZ, Defendant and Appellant.

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

July 27, 1978.

Attorney(s) appearing for the Case

COUNSEL

Paul N. Halvonik, State Public Defender, under appointment by the Court of Appeal, Charles M. Sevilla, Chief Assistant State Public Defender, Richard A. Curtis and Patricia Nelson, 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, Norman H. Sokolow and Roy C. Preminger, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

STEPHENS, J.

In counts I through III, defendant James Hernandez Cruz was charged by information with separate violations of Penal Code1 section 245, subdivision (a) (assault with a deadly weapon). Each of the above counts included an allegation that defendant used a firearm within the meaning of section 12022.5 in the commission of the assaults. In count IV of the information, defendant was charged...

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