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PEOPLE v. LAMBETH

Docket No. 4650.

112 Cal.App.3d 495 (1980)

169 Cal. Rptr. 193

THE PEOPLE, Plaintiff and Respondent, v. KELLEY MACK LAMBETH, Defendant and Appellant.

Court of Appeals of California, Fifth District.

November 21, 1980.

Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, and Harvey Zall, Deputy State Public Defender, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Michael J. Weinberger and Maureen A. Daly, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

LAURITZEN, J.*

Appellant was convicted after jury trial of robbery with the personal use of a firearm (Pen. Code, §§ 211, 12022.5). He appeals from the judgment.

DUAL USE OF FACTS

(1) Appellant first contends that the trial court improperly made dual use of the fact of his gun use to enhance his sentence and to impose an upper base term.

The trial...

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