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PEOPLE v. JARDINE

Docket No. 36901.

116 Cal.App.3d 907 (1981)

172 Cal. Rptr. 408

THE PEOPLE, Plaintiff and Respondent, v. FRANKIE LEE JARDINE et al., Defendants and Appellants.

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

March 16, 1981.

Attorney(s) appearing for the Case

COUNSEL

Dennis L. Cava, Glen H. Schwartz and Quin Denvir, State Public Defender, under appointments by the Court of Appeal, Michael Tanaka and Cheryl Lutz, Deputy State Public Defenders, for Defendants and Appellants.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Gary R. Hahn and Richard B. Cullather, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

FILES, P.J.

Appellants Eddy Gayland Rucker, Allan Deal Pridgen and Frankie Lee Jardine were jointly charged with the crime of robbery. (Pen. Code, § 211.) In addition Jardine was charged with personally using a firearm, to wit, a shotgun (Pen. Code, § 12022.5), and Rucker and Pridgen were charged with being armed with a shotgun. (Pen. Code, § 12022, subd. (a).) Following denial of a motion to

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