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PEOPLE v. RUNNION

Docket No. A063697.

30 Cal.App.4th 852 (1994)

36 Cal. Rptr.2d 203

THE PEOPLE, Plaintiff and Respondent, v. JOHN BENNETT RUNNION, Defendant and Appellant.

Court of Appeals of California, First District, Division Three.

December 1, 1994.

Attorney(s) appearing for the Case

COUNSEL

William P. Cole, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Ann K. Jensen, George F. Hindall III and Christina Kuo, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

CORRIGAN, J.

Defendant appeals from a judgment following conviction by jury of second degree robbery (Pen. Code, §§ 211, 212.5, subd. (b)) and personal use of a firearm (Pen. Code, §§ 1203.06, subd. (a)(1), 12022.5, subd. (a).)1 Defendant alleges the court's instruction that the word "firearm" includes "handgun" violated due process by removing a necessary element of the use...

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