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PEOPLE v. RICHMOND

Docket No. B057698.

2 Cal.App.4th 610 (1991)

3 Cal. Rptr.2d 252

THE PEOPLE, Plaintiff and Appellant, v. KEITH RICHMOND, Defendant and Respondent.

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

December 19, 1991.

Attorney(s) appearing for the Case

COUNSEL

Ira Reiner, District Attorney, Maurice H. Oppenheim and Wendy C. Forward, Deputy District Attorneys, for Plaintiff and Appellant.

Omar Bakari, under appointment by the Court of Appeal, for Defendant and Respondent.

OPINION

WOODS (A.M.), P.J.

This is an appeal by the People from an order granting defendant Keith Richmond's motion for a new trial on the grounds of instructional error (Pen. Code, § 1238, subd. (a)(3)). The People contend that the trial court erroneously concluded that it should have instructed the jury on assault with a deadly weapon as a lesser included offense of attempted murder with the use of a deadly weapon and that...

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