THE PEOPLE, Plaintiff and Respondent,
v.
DUANE CREE, Defendant and Appellant.
Court of Appeals of California, Fourth District, Division One.https://leagle.com/images/logo.png
September 29, 1981.
September 29, 1981.
Attorney(s) appearing for the Case
COUNSEL
Quin Denvir, State Public Defender, under appointment by the Court of Appeal, and Kenyon C. Keller, Deputy State Public Defender, for Defendant and Appellant.
George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Jay M. Bloom and Harley D. Mayfield, Deputy Attorneys General, for Plaintiff and Respondent.
Court of Appeals of California, Fourth District, Division One.
OPINION
WIENER, J.
Duane Cree was charged by information with murder (Pen. Code, § 187),1 robbery (§ 211), assault with a deadly weapon, a knife (§ 245, subd. (a)), and burglary (§ 459). All offenses were alleged to have occurred on August 13, 1979. It was further alleged Cree personally used a firearm, a rifle, in the commission of each offense (§ 12022.5). After a mistrial, an...
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