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PEOPLE v. MONTALVO

Docket No. 38369.

117 Cal.App.3d 790 (1981)

173 Cal. Rptr. 51

THE PEOPLE, Plaintiff and Respondent, v. JOHN CARL MONTALVO, Defendant and Appellant.

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

April 8, 1981.

Attorney(s) appearing for the Case

COUNSEL

Rodney Alan Tucker, under appointment by the Court of Appeal, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Edward T. Fogel, Jr., and Roy C. Preminger, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

WOODS, J.

Defendant has appealed from his conviction, following trial by jury, of violations of Penal Code sections 664 and 211, attempted robbery, and section 211, robbery. The jury found true the allegation that defendant had used a dangerous weapon in the commission of both offenses.

I

Appellant contends that the court erred in denying his motion, pursuant...

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