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PEOPLE v. ESPINOZA

Docket No. 11160.

99 Cal.App.3d 44 (1979)

159 Cal. Rptr. 803

THE PEOPLE, Plaintiff and Respondent, v. ROMAN ESPINOZA, JR., Defendant and Appellant.

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

November 27, 1979.

Attorney(s) appearing for the Case

COUNSEL

Appellate Defenders, Inc., under appointment by the Court of Appeal, and Harold F. Tyvoll for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, 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

WIENER, J.

Roman Espinoza, Jr. (Espinoza) was convicted by a jury of robbery (Pen. Code, § 211; all references are to the Penal Code unless otherwise specified) with the finding he personally used a firearm in the commission of the offense (§ 12022.5). He was sentenced to prison for five years. In his appeal from the judgment he claims his lawyer was incompetent and the court should have instructed sua sponte...

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