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PEOPLE v. GIBBS

Docket No. 42580.

145 Cal.App.3d 794 (1983)

193 Cal. Rptr. 681

THE PEOPLE, Plaintiff and Respondent, v. JAMES EARL GIBBS, Defendant and Appellant.

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

August 9, 1983.

Attorney(s) appearing for the Case

COUNSEL

Howard A. Lipton, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Robert F. Katz and Lisa B. Lench, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

STEPHENS, J.

Defendant was charged in count I, attempted murder (Pen. Code, §§ 187/664), count II, rape (Pen. Code, § 261, subds. (2), (3)), count III, assault by means of force likely to produce great bodily injury and with a deadly weapon (Pen. Code, § 245, subd. (a)), count IV, robbery (Pen. Code, § 211), count V, kidnaping (Pen. Code, § 207). As to counts I and V, a use of a deadly and dangerous...

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