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PEOPLE v. PENA

Docket Nos. 42546, 43803.

151 Cal.App.3d 462 (1984)

198 Cal. Rptr. 819

THE PEOPLE, Plaintiff and Respondent, v. RICHARD PENA, Defendant and Appellant. In re RICHARD PENA on Habeas Corpus.

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

January 31, 1984.

Attorney(s) appearing for the Case

COUNSEL

James A. Goldstein for Defendant and Appellant and Petitioner.

John K. Van de Kamp, Attorney General, Norman H. Sokolow and Howard J. Schwab, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

SPENCER, P.J. —

INTRODUCTION

Defendant Richard Pena (Pena) appeals from a judgment of conviction and petitions for a writ of habeas corpus on the same judgment. Defendant was originally charged by information with murder in violation of section 187 of the Penal Code and with use of a firearm within the meaning of Penal Code sections 12022.5 and 1203.06, subdivision (a)(1).

Following a jury trial, defendant...

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