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PEOPLE v. VARGAS

Docket No. F007356.

195 Cal.App.3d 1385 (1987)

241 Cal. Rptr. 360

THE PEOPLE, Plaintiff and Appellant, v. JOHNNYE RAY VARGAS, Defendant and Respondent.

Court of Appeals of California, Fifth District.

November 3, 1987.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, J. Robert Jibson and Gelacio L. Bayani, Deputy Attorneys General, for Plaintiff and Appellant.

Brian C. Davis, under appointment by the Court of Appeal, for Defendant and Respondent.

OPINION

BALLANTYNE, J. —

INTRODUCTION

Johnnye Ray Vargas was charged with murdering Amanda White (Pen. Code, § 187). During his preliminary examination, defense counsel sought to call the defendant as a witness. Counsel explained that the defendant was reluctant to testify. The judge attempted to take a waiver of the defendant's Fifth Amendment privilege not to testify against himself. Because the defendant was...

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