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PEOPLE v. ZAPATA

Docket No. B058072.

9 Cal.App.4th 527 (1992)

12 Cal. Rptr.2d 118

THE PEOPLE, Plaintiff and Respondent, v. PEDRO ZAPATA, Defendant and Appellant.

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

September 11, 1992.

Attorney(s) appearing for the Case

COUNSEL

Edward H. Smith, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Acting Assistant Attorney General, Kristofer Jorstad and David A. Warshaw, Deputy Attorneys General, for Plaintiff and Respondent.

[Opinion certified for partial publication.*]

OPINION

EPSTEIN, J.

In the published portion of this opinion we decide that when a jury is unable to unanimously agree on defendant's guilt or innocence of a crime within the accusatory pleading, and the prosecution is willing to forego its right to a verdict or mistrial on that charge, the court may receive a verdict on a lesser included offense to...

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