PEOPLE v. AUSTIN

Docket No. B069535.

23 Cal.App.4th 1596 (1994)

28 Cal. Rptr.2d 885

THE PEOPLE, Plaintiff and Respondent, v. DAVID AUSTIN et al., Defendants and Appellants.

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

April 1, 1994.


Attorney(s) appearing for the Case

COUNSEL

Paul R. Irish, David Austin, and William Flenniken, Jr., under appointments by the Court of Appeal, for Defendants and Appellants.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack and Marc E. Turchin, Assistant Attorneys General, and Robert C. Schneider, Deputy Attorney General, for Plaintiff and Respondent.


OPINION

JOHNSON, J.

Defendants were convicted of possession of a controlled substance for sale (cocaine), robbery and conspiracy to commit robbery. In addition, defendant Wagner was convicted of conspiracy to possess a controlled substance for sale. We conclude Wagner's conviction for conspiracy to possess a controlled substance for sale must be reversed due to insufficient evidence and the sentences of both defendants on the robbery...

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