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  5. 152 Cal.App.3d 548 (1984)
 

PEOPLE v. O'CONNELL

Docket Nos. A021003, A022552.

152 Cal.App.3d 548 (1984)

199 Cal. Rptr. 542

THE PEOPLE, Plaintiff and Respondent, v. KEVIN ELMER O'CONNELL, Defendant and Appellant. In re KEVIN ELMER O'CONNELL on Habeas Corpus.

Court of Appeals of California, First District, Division Three.

February 29, 1984.

Attorney(s) appearing for the Case

COUNSEL

Cameron M. Cunningham, under appointment by the Court of Appeal, for Defendant and Appellant and Petitioner.

John K. Van de Kamp, Attorney General, John B. Moy and Karl W. Payne, Deputy Attorneys General, for Plaintiff and Respondent.

[Opinion certified for partial publication.*]

OPINION

SCOTT, Acting P.J.

Appellant Kevin O'Connell was charged with violating Penal Code section 459. His first trial resulted in a mistrial, as the jury was unable to agree on a verdict. He was tried again, and was convicted of first degree burglary.

I

The following evidence was adduced at trial. While Joanne Larrabee was waiting...

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