PEOPLE v. LEWIS

Docket No. 39345.

131 Cal.App.3d 457 (1982)

182 Cal. Rptr. 471

THE PEOPLE, Plaintiff and Respondent, v. EDWIN THOMAS LEWIS III, Defendant and Appellant.

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

May 5, 1982.


Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, and J. Courtney Shevelson, Deputy State Public Defender, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Shunji Asari and Paul C. Ament, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

STEPHENS, Acting P.J.

Defendant was charged with robbery, a violation of Penal Code section 211, and personal use of a handgun within the meaning of Penal Code sections 12022.5 and 1203.06, subdivision (a)(1). The trial was without a jury and the court found there was no gun involved. The court also reasoned that, there being no gun involved, no robbery took place and found defendant not guilty of robbery.

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