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PEOPLE v. GILLIARD

Docket No. 14552.

189 Cal.App.3d 285 (1987)

234 Cal. Rptr. 401

THE PEOPLE, Plaintiff and Respondent, v. MARK ALAN GILLIARD, Defendant and Appellant.

Court of Appeals of California, Third District.

February 11, 1987.

Attorney(s) appearing for the Case

COUNSEL

William D. Kopper, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Jane N. Kirkland and Susan J. Orton, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

PUGLIA, P.J.

A jury convicted defendant of mayhem (Pen. Code, § 203) and assault with a deadly weapon (Pen. Code, § 245, subd. (a)) and found that in the commission of both offenses defendant used a firearm. (Pen. Code, § 12022.5.) The trial court, relying on the public safety exception to the Miranda rule (New York v. Quarles (1984)

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