PEOPLE v. SMITH

Docket No. 13239.

160 Cal.App.3d 1100 (1984)

207 Cal. Rptr. 134

THE PEOPLE, Plaintiff and Respondent, v. JAMES RANDOLPH SMITH, Defendant and Appellant.

Court of Appeals of California, Third District.

October 16, 1984.


Attorney(s) appearing for the Case

COUNSEL

Richard D. Emmot, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Nancy Sweet and Wanda Hill Rouzan, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

PUGLIA, P.J.

We consider whether an allegation in the information expressly pled to preclude a grant of probation can also add an element to the offense charged so as to increase the term of confinement to which defendant is potentially subject.

Defendant was found not guilty by reason of insanity of seven counts of committing a lewd and lascivious act upon a child under the age of fourteen years (Pen. Code, §...

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