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PEOPLE v. McCORMACK

Docket No. C009375.

234 Cal.App.3d 253 (1991)

285 Cal. Rptr. 504

THE PEOPLE, Plaintiff and Respondent, v. CLAYTON GENE McCORMACK, Defendant and Appellant.

Court of Appeals of California, Third District.

August 30, 1991.

Attorney(s) appearing for the Case

COUNSEL

Renee L. Berenson, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, and J. Robert Jibson, Deputy Attorney General, for Plaintiff and Respondent.

OPINION

CARR, J.

A jury convicted defendant of one count of first degree burglary. (Pen. Code, § 459.)1 The court found true enhancing allegations defendant had suffered two prior serious felony convictions and that he had served three separate prior prison terms. (§§ 667, subd. (a), 667.5, subd. (b).) On appeal defendant asserts the trial court erred in instructing the jury it could convict...

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