PEOPLE v. ALLEN

Docket No. 35321.

110 Cal.App.3d 698 (1980)

168 Cal. Rptr. 227

THE PEOPLE, Plaintiff and Appellant, v. VERNETT ALLEN, JR., Defendant and Respondent.

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

September 29, 1980.


Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, District Attorney, Harry B. Sondheim and Richard W. Gerry, Deputy District Attorneys, for Plaintiff and Appellant.

Wilbur F. Littlefield, Public Defender, Dennis A. Fischer, Laurence M. Sarnoff and Leighton A. Nugent, Deputy Public Defenders, for Defendant and Respondent.


OPINION

KAUS, P.J.

The People appeal from an order dismissing count 1 of an information on the ground that defendant has been once in jeopardy.

In a three-count information, defendant was charged in count 1 with murder (Pen. Code, § 189), in count 2 with kidnaping for purposes of robbery (Pen. Code, § 209), and in count 3 with robbery (Pen. Code, § 211). After all the evidence was presented and counsel had completed...

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