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PEOPLE v. BROWN

Docket No. D021277.

35 Cal.App.4th 1585 (1995)

42 Cal. Rptr.2d 155

THE PEOPLE, Plaintiff and Respondent, v. ANTHONY BROWN, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

June 22, 1995.

Attorney(s) appearing for the Case

COUNSEL

Patrick J. Hennessey, Jr., under appointment by the Court of Appeal, and Elizabeth A. Barranco for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, M. Howard Wayne and Laura Whitcomb Halgren, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

WORK, Acting P.J.

Anthony Brown appeals a judgment after a jury convicted him of second degree murder of a human fetus (Pen. Code,1 § 187, subd. (a)) and assault by means likely to produce great bodily injury (§ 245, subd. (a)(1)). He contends section 187 is unconstitutional as applied to his case; the trial court erred in failing to instruct the jury on the lesser included offense of...

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