PEOPLE v. MERCER

Docket No. 10739.

113 Cal.App.3d 803 (1980)

169 Cal. Rptr. 897

THE PEOPLE, Plaintiff and Respondent, v. LAWRENCE JOSEPH MERCER, Defendant and Appellant.

Court of Appeals of California, Third District.

December 22, 1980.


Attorney(s) appearing for the Case

COUNSEL

Rufino S. Diaz, under appointment by the Court of Appeal, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, James T. McNally and Diana Beth Constantino, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

CARR, J.

In a trial by court, Lawrence Joseph Mercer was convicted of drawing or exhibiting a firearm in a rude, angry, or threatening manner in the immediate presence of a peace officer who was then engaged in the performance of his duties (Pen. Code, § 417, subd. (b)). He was granted probation and appeals, contending the evidence is insufficient to support the conviction.

The facts disclose that at approximately...

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