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PEOPLE v. WADE

Docket No. C018456.

39 Cal.App.4th 1487 (1995)

46 Cal. Rptr.2d 645

THE PEOPLE, Plaintiff and Respondent, v. TOBY TITUS WADE, Defendant and Appellant.

Court of Appeals of California, Third District.

November 9, 1995.

Attorney(s) appearing for the Case

COUNSEL

George L. Mertens, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, Michael J. Weinberger and Thomas Y. Shigemoto, Deputy Attorneys General, for Plaintiff and Respondent.

[Opinion certified for partial publication.*]

OPINION

SIMS, J.

Defendant Toby Titus Wade appeals from a judgment of conviction for second degree murder (Pen. Code, § 187),1 with a finding of personal use of a deadly weapon (knife) in the commission of a felony (§ 12022, subd. (b)). Defendant contends (1) the trial court erroneously failed to instruct sua sponte...

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