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PEOPLE v. YORK

Docket No. 11209.

108 Cal.App.3d 779 (1980)

166 Cal. Rptr. 717

THE PEOPLE, Plaintiff and Respondent, v. JAMES HAROLD YORK, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

July 30, 1980.

Attorney(s) appearing for the Case

COUNSEL

Appellate Defenders, Inc., under appointment by the Court of Appeal, and Paul Bell for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Richard D. Garske and Patricia D. Benke, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

STANIFORTH, J.

After unsuccessful motions to suppress evidence and an identification of defendant James Harold York as impermissibly suggestive, a jury convicted York of first degree burglary (Pen. Code, § 459) and assault with a deadly weapon and by means likely to produce great bodily harm (Pen. Code, § 245, subd. (a)).

After a Penal Code section 1203.03 diagnostic study of York at Department of Corrections...

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