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PEOPLE v. ROMERO

Docket No. Crim. 21839.

31 Cal.3d 685 (1982)

646 P.2d 824

183 Cal. Rptr. 663

THE PEOPLE, Plaintiff and Respondent, v. LARRY ROMERO, Defendant and Appellant.

Supreme Court of California.

June 21, 1982.

Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, Ruth Young, Assistant State Public Defender, and Gayle Guynup, Acting Deputy State Public Defender, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Roger E. Venturi and Ramon M. de la Guardia, Deputy Attorneys General, for Plaintiff and Respondent.

Neal P. McCaslin, District Attorney (Solano), Michael E. Nail, Senior Chief Deputy District Attorney, and John R. Vance, Jr., Deputy District Attorney, as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

MOSK, J.

We are confronted here with a factual situation worthy of Abbott and Costello but which, regrettably, has untoward legal consequences. The jury found defendant guilty of burglary in the second degree on count one but not guilty on count two, an identical charge relating to a separate burglary, and judgment was entered accordingly. Nearly two months later, six...

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