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PEOPLE v. ELKINS

Docket No. 21724.

123 Cal.App.3d 632 (1981)

176 Cal. Rptr. 729

THE PEOPLE, Plaintiff and Respondent, v. JEFFREY D. ELKINS, Defendant and Appellant.

Court of Appeals of California, First District, Division Two.

September 17, 1981.

Attorney(s) appearing for the Case

COUNSEL

James D. Hollister for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Gloria F. DeHart and Laurence K. Sullivan, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

SMITH, J.

Appellant Jeffrey Elkins was convicted of robbery (Pen. Code, § 211) and first degree murder (Pen. Code, §§ 187, 189) and was also found to have used a deadly weapon in the commission of each offense (Pen. Code, § 12022, subd. (b)).

In this appeal from the judgment of conviction, he contends that: (1) the misstatement of an instruction by a juror during deliberations constitutes prejudicial...

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