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PEOPLE v. ASBURY

Docket No. B005870.

173 Cal.App.3d 362 (1985)

218 Cal. Rptr. 902

THE PEOPLE, Plaintiff and Respondent, v. EDMUND ARTHUR ASBURY, Defendant and Appellant.

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

October 16, 1985.

Attorney(s) appearing for the Case

COUNSEL

Frank O. Bell, Jr., State Public Defender, under appointment by the Court of Appeal, and Nancy Gaynor, Deputy State Public Defender, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Mark Alan Hart and Shunji Asari, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

KINGSLEY, Acting P.J.

The defendant appeals his conviction for first degree murder (Pen. Code, § 187) and robbery (Pen. Code, § 211). We reverse.

FACTS

In an earlier proceeding, the defendant was convicted of the robbery and first degree murder of John Jackson. The evidence indicated that the defendant, having been thrown out of a bar, pulled the sleeping Jackson from a car and shattered his skull...

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