PEOPLE v. GALLIHER

Docket No. 10942.

120 Cal.App.3d 149 (1981)

174 Cal. Rptr. 467

THE PEOPLE, Plaintiff and Respondent, v. MARVIN W. GALLIHER, Defendant and Appellant.

Court of Appeals of California, Third District.

June 8, 1981.


Attorney(s) appearing for the Case

COUNSEL

R. Keenan Davis, 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 Carla J. Caruso, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

CARR, J.

Defendant appeals from a judgment entered after a jury found him guilty of escape without force or violence. (Pen. Code, § 4530, subd. (b).) He was sentenced to the middle term of two years, to be served consecutive to the robbery sentence which he was serving at the time of his escape. On appeal, he asserts (1) the trial court abused its discretion in denying his motion for a mistrial, and (2) that he should...

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