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PEOPLE v. CAPPS

Docket No. 13391.

159 Cal.App.3d 546 (1984)

205 Cal. Rptr. 898

THE PEOPLE, Plaintiff and Respondent, v. WILLIAM RANDOLPH CAPPS, Defendant and Appellant.

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

August 23, 1984.

Attorney(s) appearing for the Case

COUNSEL

Patrick J. Hennessey, Jr., under appointment by the Court of Appeal, for Defendant and Appellant

Quin Denvir, State Public Defender, and Elaine A. Alexander, Chief Assistant State Public Defender, as Amici Curiae on behalf of Defendant and Appellant.

George Deukmejian and John K. Van de Kamp, Attorneys General, Robert H. Philibosian, Chief Assistant Attorney General, Daniel J. Kremer and Harley D. Mayfield, Assistant Attorneys General, John W. Carney, Frederick R. Millar, Jr., Keith I. Motley and Raquel M. Gonzalez, Deputy Attorneys General, for Plaintiff and Respondent.

[Opinion certified for partial publication.1]

OPINION

WIENER, J.

An information charged William Randolph Capps with the murder of Richard Edward McNeese (Pen. Code, § 187)2 and personal use of a firearm within the meaning of section 12022.5. A jury found Capps guilty of first degree murder and the use allegation to be true. In ruling upon Capps' motion for a new...

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