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PEOPLE v. ZWIERS

Docket No. A033937.

191 Cal.App.3d 1498 (1987)

237 Cal. Rptr. 123

THE PEOPLE, Plaintiff and Respondent, v. DANIEL RAY ZWIERS, Defendant and Appellant.

Court of Appeals of California, First District, Division Three.

May 20, 1987.

Attorney(s) appearing for the Case

COUNSEL

Robert H. Flannery, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, Martin S. Kaye and Robert R. Granucci, Deputy Attorneys General, for Plaintiff and Respondent.

[Opinion certified for partial publication.*]

OPINION

BARRY-DEAL, J.

We consider a constitutional challenge to California's lesser-included offense instruction, CALJIC No. 17.10 (1984 revision) (see 4th ed. 1987 pocket pt.),1 commonly referred to as the "acquittal-first" instruction, which requires a jury unanimously to acquit a defendant of the greater charge before...

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