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PEOPLE v. KITT

Docket No. 31280.

83 Cal.App.3d 834 (1978)

148 Cal. Rptr. 447

THE PEOPLE, Plaintiff and Respondent, v. LARWANCE MARVIN KITT, Defendant and Appellant.

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

August 14, 1978.

Attorney(s) appearing for the Case

COUNSEL

Paul N. Halvonik, and Quin Denvir, State Public Defenders, under appointment by the Court of Appeal, Charles M. Sevilla, Chief Assistant State Public Defender, and Harold E. Shabo, Deputy State Public Defender, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Harley D. Mayfield and Jay M. Bloom, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

JEFFERSON (Bernard), J.

By information defendant was charged with murder in violation of Penal Code section 187. It was alleged in the information that defendant used a firearm — a shotgun — during the commission of the offense, within the meaning of Penal Code section 12022.5 and Penal Code section 1203.06, subdivision (a)(1).

Defendant was tried by a jury after he entered a plea of not guilty. The jury...

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