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PEOPLE v. WOLCOTT

Docket No. Crim. 22295.

34 Cal.3d 92 (1983)

665 P.2d 520

192 Cal. Rptr. 748

THE PEOPLE, Plaintiff and Respondent, v. CHARLES HARRY WOLCOTT, Defendant and Appellant. THE PEOPLE, Plaintiff and Respondent, v. ROBERT RUSSELL JOHNSTON, Defendant and Appellant.

Supreme Court of California.

July 7, 1983.

Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, and Fred F. Ruegg, under appointments by the Supreme Court, Dorothy P. Young, under appointment by the Court of Appeal, and George L. Schraer, Deputy State Public Defender, for Defendants and Appellants.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Edward P. O'Brien and William D. Stein, Assistant Attorneys General, Kenneth C. Young, W. Eric Collins, Robert R. Granucci, Frances Marie Dogan and Paul D. Gifford, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BROUSSARD, J.

Defendants Robert Johnston and Charles Wolcott bring a consolidated appeal from judgments of conviction for robbery, attempted robbery, and other crimes. They raise several contentions, which we resolve as follows:

(1) We reject Johnston's contention that the trial court should have instructed sua sponte that assault with a deadly weapon is a lesser included...

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