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PEOPLE v. ALLEN

Docket No. 8887.

76 Cal.App.3d 748 (1978)

143 Cal. Rptr. 164

THE PEOPLE, Plaintiff and Respondent, v. JOHNNIE LEE ALLEN, Defendant and Appellant.

Court of Appeals of California, Third District.

January 3, 1978.

Attorney(s) appearing for the Case

COUNSEL

Paul Halvonik, State Public Defender, under appointment by the Court of Appeal, Gary S. Goodpastor, Chief Assistant State Public Defender, David M. Blackman, Laurance S. Smith, Quin Denvin and Richard E. Shapiro, Deputy State Public Defenders, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Charles P. Just and Nelson P. Kempsky, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

PARAS, J.

Defendant appeals from a judgment entered after a jury convicted him of assault with a deadly weapon (Pen. Code, § 245), with use of a firearm. (Pen. Code, § 12022.5.)

Since defendant does not challenge the sufficiency of the evidence, it is unnecessary for us to state the facts in detail. It was undisputed that as the victim Steven Mitchell was walking away after a confrontation, defendant shot...

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