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  5. 196 Cal.App.3d 604 (1987)
 

PEOPLE v. JARRELL

Docket No. A036203.

196 Cal.App.3d 604 (1987)

242 Cal. Rptr. 219

THE PEOPLE, Plaintiff and Respondent, v. DAVID LEE JARRELL, Defendant and Appellant.

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

November 24, 1987.

Attorney(s) appearing for the Case

COUNSEL

Julie Schumer, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, John H. Sugiyama, Assistant Attorney General, Laurence K. Sullivan and Thomas A. Brady, Deputy Attorneys General, for Plaintiff and Respondent.

[Opinion certified for partial publication.*]

OPINION

ANDERSON, P.J.

Defendant David Lee Jarrell (appellant) was found guilty by jury of first degree burglary (Pen. Code,1 §§ 459, 460, subd. 1). On appeal he argues (1) that the trial court erred in instructing the jury that if appellant was guilty of burglary, it was burglary in the first degree as a matter...

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