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PEOPLE v. THOMAS

Docket No. 32293.

87 Cal.App.3d 1014 (1979)

151 Cal. Rptr. 483

THE PEOPLE, Plaintiff and Respondent, v. KELSEY AUGUSTA THOMAS, Defendant and Appellant.

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

January 2, 1979.

Attorney(s) appearing for the Case

COUNSEL

Lee B. Ackerman, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, and Jeffrey A. Joseph, Deputy Attorney General, for Plaintiff and Respondent.

OPINION

KAUS, P.J.

A jury found defendant guilty of second degree murder. (Pen. Code, § 187.) The jury also found that defendant used a firearm in the commission of the offense. (Pen. Code, § 12022.5.) The court found aggravating factors and sentenced defendant to the "upper" term of seven years and added two years for the use finding. Defendant was therefore sentenced to...

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