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PEOPLE v. BALLARD

Docket Nos. B039837, B061209.

1 Cal.App.4th 752 (1991)

2 Cal. Rptr.2d 316

THE PEOPLE, Plaintiff and Respondent, v. JIMMY LEONARD BALLARD, Defendant and Appellant. In re JIMMY LEONARD BALLARD on Habeas Corpus.

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

December 10, 1991.

Attorney(s) appearing for the Case

COUNSEL

Scott L. Fielder, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Edward T. Fogel, Jr., and Carol Wendelin Pollack, Assistant Attorneys General, William T. Harter, Elaine F. Tumonis and Peggy S. Ruffra, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

ASHBY, Acting P.J.

By jury trial appellant Jimmy Leonard Ballard was convicted of first degree murder. (Pen. Code, § 187.) The jury also found true that a principal in the offense was armed with a firearm. (Pen. Code, § 12022, subd. (a).) Appellant was sentenced to state prison for 25 years to life plus 1 year pursuant to section 12022, subdivision (a).

The conviction was based on the felony murder rule,...

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