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PEOPLE v. ALLEN

Docket No. Crim. 19519.

23 Cal.3d 286 (1979)

590 P.2d 30

152 Cal. Rptr. 454

THE PEOPLE, Plaintiff and Respondent, v. EUGENE ALLEN and ERNEST GRAHAM, Defendants and Appellants.

Supreme Court of California.

February 13, 1979.

Attorney(s) appearing for the Case

COUNSEL

Robert D. Carrow and John F. Cruikshank, Jr., under appointments by the Supreme Court, Robert Y. Bell, James Larson, Doron Weinberg and Larson & Weinberg for Defendants and Appellants.

Paul N. Halvonik, State Public Defender, Clifton R. Jeffers, Chief Assistant State Public Defender, Ezra Hendon, Deputy State Public Defender, Jerome B. Falk, Jr., Anthony G. Amsterdam, Jack Greenberg, James M. Nabrit III, Peggy C. Davis, Linda S. Greene, David Evan Kendall, Lowell Johnston, Charles C. Marson, Margaret C. Crosby, Alan L. Schlosser, Robert Nicco, Public Defender (San Francisco), Sheldon Portman, Public Defender (Santa Clara), Kenneth M. Wells, Public Defender (Sacramento), Ephraim Margolin and Dennis P. Riordan, Deputy State Public Defender, as Amici Curiae on behalf of Defendants and Appellants.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Timothy A. Reardon, Robert R. Granucci, William D. Stein and Herbert F. Wilkinson, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

TOBRINER, J.

In March 1976, defendants Eugene Allen and Ernest E. Graham were convicted of violating Penal Code section 4500, aggravated assault by a life prisoner. At the time the offense was committed, section 4500 prescribed the death penalty as the automatic, mandatory punishment whenever, as in this case, the assault was directed against a nonprisoner and resulted in the victim's death within a year and a day. Accordingly...

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