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PEOPLE v. McGRAW

Docket No. 5842.

141 Cal.App.3d 618 (1983)

190 Cal. Rptr. 461

THE PEOPLE, Plaintiff and Respondent, v. DAVID HENRY McGRAW, Defendant and Appellant.

Court of Appeals of California, Fifth District.

April 4, 1983.

Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, and Judith W. Allen, Deputy State Public Defender, for Defendant and Appellant.

George Deukmejian and John K. Van de Kamp, Attorneys General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, James Ching and Jana L. Tuton, Deputy District Attorneys, for Plaintiff and Respondent.

[Certified for partial publication.1]

OPINION

FRANSON, Acting P.J.

Appellant stands convicted, after a jury trial, of the second degree murder of his stepson Terry Roe, age 22 (Pen. Code, §§ 187, 189). The jury also found appellant used a gun in the commission of the crime within the meaning of Penal Code section 12022.5. Appellant was sentenced to state prison for a term of 17...

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