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PEOPLE v. McCLELLAN

Docket No. 36604.

107 Cal.App.3d 297 (1980)

165 Cal. Rptr. 603

THE PEOPLE, Plaintiff and Appellant, v. EDWARD LEE McCLELLAN, Defendant and Respondent.

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

June 24, 1980.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, District Attorney, Donald J. Kaplan and Eugene D. Tavris, Deputy District Attorneys, for Plaintiff and Appellant.

Wilbur F. Littlefield, Public Defender, Dennis A. Fischer, Steven M. Cron and Dean R. Gits, Deputy Public Defenders, for Defendant and Respondent.

OPINION

COBEY, Acting P.J.

Respondent, Edward McClellan, was found guilty by a judge, sitting without a jury, of selling phencyclidine (PCP) in violation of Health and Safety Code section 11379.5. At the sentencing hearing, however, prior to sentence, the trial judge denied a motion for new trial, but granted a motion pursuant to Penal Code section 1181, subdivision 6,1 to reduce the offense to simple...

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