PEOPLE v. FLANNEL

Docket No. Crim. 20869.

25 Cal.3d 668 (1979)

603 P.2d 1

160 Cal. Rptr. 84

THE PEOPLE, Plaintiff and Respondent, v. CHARLES M. FLANNEL, Defendant and Appellant.

Supreme Court of California.

November 13, 1979.


Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, Clifton R. Jeffers, Chief Assistant State Public Defender, Robert P. Mason and Michael G. Millman, Deputy State Public Defenders, for Defendant and Appellant.

Evelle J. Younger and George Deukmejian, Attorneys General, Jack R. Winkler and Robert H. Philibosian, Chief Assistant Attorneys General, Edward P. O'Brien, Assistant Attorney General, W. Eric Collins and David D. Salmon, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

TOBRINER, J.

Defendant Charles M. Flannel appeals from a judgment of conviction entered on jury verdicts finding him guilty of second degree murder (Pen. Code, § 187), and finding affirmatively on a firearm use allegation (Pen. Code, §§ 1203, subd. (6) and 12022.5). He contends that the court erred in failing to instruct the jury sua sponte that defendant's...

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