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PEOPLE v. WHITLER

Docket No. 13471.

171 Cal.App.3d 337 (1985)

214 Cal. Rptr. 610

THE PEOPLE, Plaintiff and Respondent, v. JUANITA WHITLER, Defendant and Appellant.

Court of Appeals of California, Third District.

May 31, 1985.

Attorney(s) appearing for the Case

COUNSEL

Frank O. Bell, Jr., State Public Defender, under appointment by the Court of Appeal, Mark E. Cutler, Chief Assistant State Public Defender, and Robert Scarlett, Deputy State Public Defender, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Nancy Sweet, Supervising Deputy Attorney General, and Thomas Y. Shigemoto, Deputy Attorney General, for Plaintiff and Respondent.

OPINION

EVANS, Acting P.J.

Defendant was found guilty of first degree murder. (Pen. Code, § 187.)1 On appeal she contends, (1) the provisions of sections 25, 28, and 29 violate her constitutional right to present a defense, or, in the alternative, sections 28 and 29 were impliedly repealed by Proposition 8, and (2) the trial court failed to properly instruct the jury on her defense that she lacked...

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