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PEOPLE v. BURGENER

Docket No. Crim. 22219.

41 Cal.3d 505 (1986)

714 P.2d 1251

224 Cal. Rptr. 112

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL RAY BURGENER, Defendant and Appellant.

Supreme Court of California.

March 27, 1986.

Attorney(s) appearing for the Case

COUNSEL

Quin Denvir and Frank O. Bell, Jr., State Public Defenders, under appointment by the Supreme Court, James A. Uyeda and Michael Tanaka, Deputy State Public Defenders, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Jay M. Bloom and J. Richard Haden, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

GRODIN, J.

Defendant Michael Ray Burgener was convicted on one count of murder (Pen. Code, § 187)1 with use of a firearm (§ 12022.5), one count of robbery (§ 211) with use of a firearm (§ 12022.5) and infliction of great bodily injury (§ 12022.7), and one count of being an ex-felon in possession of a firearm (§ 12021).

The jury fixed the degree of murder at...

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