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PEOPLE v. VASQUEZ

Docket No. 8827.

94 Cal.App.3d 42 (1979)

156 Cal. Rptr. 235

THE PEOPLE, Plaintiff and Respondent, v. CARLOS VASQUEZ, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

June 13, 1979.

Attorney(s) appearing for the Case

COUNSEL

Appellate Defenders, Inc., under appointment by the Court of Appeal, Michael D. McGlinn and Elaine A. Alexander for Defendant and Appellant.

Evelle J. Younger and George Deukmejian, Attorneys General, Jack R. Winkler and Robert H. Philibosian, Chief Assistant Attorneys General, Daniel J. Kremer, Assistant Attorney General, Karl J. Phaler, Cecilia H. Johnson and Jesus Rodriguez, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

STANIFORTH, J.

A jury convicted Carlos Vasquez of first degree robbery (Pen. Code, § 211) and found he used a firearm in the commission of the offense (Pen. Code, § 12022.5). The judge committed him to the California Youth Authority (CYA) for the term prescribed by law. Vasquez appeals contending (1) prejudicial error in instructing the jury and (2) sentencing error in failing to give credit for presentence time...

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