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PEOPLE v. MAXWELL

Docket No. 33065.

94 Cal.App.3d 562 (1979)

156 Cal. Rptr. 630

THE PEOPLE, Plaintiff and Respondent, v. TERRY FERNANDO MAXWELL, Defendant and Appellant.

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

June 28, 1979.

Attorney(s) appearing for the Case

COUNSEL

Wilbur F. Littlefield, Public Defender, Dennis A. Fischer, Richard P. Lasting and John L. Ryan, Deputy Public Defenders, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, and Norman H. Sokolow, Deputy Attorney General, for Plaintiff and Respondent.

OPINION

POTTER, Acting P.J.

Defendant Terry Fernando Maxwell appeals from a judgment of conviction of false imprisonment (Pen. Code, § 236) as a lesser included offense of kidnaping (Pen. Code, § 207),1 following a court trial. Defendant's conviction was based upon evidence consisting chiefly of the testimony of the victim, Melinda Renee Russell, elicited at the preliminary hearing held on February...

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