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PEOPLE v. UNDERWOOD

Docket No. 44269.

181 Cal.App.3d 1223 (1986)

226 Cal. Rptr. 840

THE PEOPLE, Plaintiff and Respondent, v. ANDRE M. UNDERWOOD, Defendant and Appellant.

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

June 5, 1986.

Attorney(s) appearing for the Case

COUNSEL

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

John K. Van de Kamp, Attorney General, William R. Weisman and Robert S. Henry, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

FEINERMAN, P.J.

Defendant, Andre M. Underwood, was convicted by jury of second degree murder (Pen. Code, § 187) and robbery (Pen. Code, § 211). An allegation of firearm use by a principal, whose arming was not an element of the crime charged, was found to be true regarding both offenses. (Pen. Code, § 12022, subd. (a).)

Defendant's motion for a new trial was denied and he was sentenced to state prison...

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