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  5. 137 Cal.App.3d 396 (1982)
 

PEOPLE v. McELHENY

Docket No. 13408.

137 Cal.App.3d 396 (1982)

187 Cal. Rptr. 39

THE PEOPLE, Plaintiff and Respondent v. MARK ALBERT McELHENY, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

October 19, 1982.

Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, Jeffrey J. Stuetz, Deputy State Public Defender, and Elizabeth A. Anderson for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Michael D. Wellington and Keith I. Motley, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

COLOGNE, J.

Mark Albert McElheny appeals his jury-tried conviction and sentence to prison for robbery and burglary, both with personal use of a firearm (Pen. Code, §§ 211, 459 and 12022.5),1 and for assault on a peace officer and assault with a deadly weapon, both while armed with a firearm (§§ 245, subd. (b), 245, subd. (a), and 12022, subd. (a)).

On July 17, 1980,...

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