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PEOPLE v. WELLS

Docket No. 42939.

149 Cal.App.3d 497 (1983)

195 Cal. Rptr. 608

THE PEOPLE, Plaintiff and Respondent, v. DANIEL BYRON WELLS, Defendant and Appellant.

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

October 14, 1983.

Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, and Jonathan B. Steiner, Chief Assistant State Public Defender, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, William R. Pounders and Timothy E. Cary, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

GILBERT, J.

Here, we conclude (1) that a court must advise a defendant of all his constitutional rights, including the right against self-incrimination, prior to submission of his case on the preliminary hearing transcript, (2) that the M'Naghten test to determine a defendant's sanity as provided in Proposition 8 may not be applied retroactively, and (3) that a sentence for...

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