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PEOPLE v. LANDRY

Docket No. H003859.

212 Cal.App.3d 1428 (1989)

261 Cal. Rptr. 254

THE PEOPLE, Plaintiff and Respondent, v. ERNEST LANDRY, Defendant and Appellant.

Court of Appeals of California, Sixth District.

August 10, 1989.

Attorney(s) appearing for the Case

COUNSEL

Kyle Gee, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Steve White and Richard B. Iglehart, Chief Assistant Attorneys General, John H. Sugiyama, Assistant Attorney General, Martin S. Kaye, David D. Salmon and Jeremy Friedlander, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

AGLIANO, P.J. —

1. Introduction

Defendant Ernest Landry appeals from the judgment following a jury verdict finding him guilty of murder. Since the jury did not determine the degree of the murder, defendant is deemed convicted of second degree murder. (§§ 187, 189, 1157; unspecified section references are to the Pen. Code.)

Defendant contends, inter alia, the jury instructions regarding...

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