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PEOPLE v. WIMS

Docket No. S036641.

10 Cal.4th 293 (1995)

895 P.2d 77

41 Cal. Rptr.2d 241

THE PEOPLE, Plaintiff and Respondent, v. CLIFTON C. WIMS et al. Defendants and Appellants.

Supreme Court of California.

June 5, 1995.

Attorney(s) appearing for the Case

COUNSEL

Susan D. Shors, John Halley, Alex Reisman and Eric S. Multhaup, under appointments by the Supreme Court, for Defendants and Appellants.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Laurence K. Sullivan, Thomas A. Brady, Ronald S. Matthias, Clifford K. Thompson and Jeremy Friedlander, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

WERDEGAR, J.

In this case we decide what standard a reviewing court must apply when deciding whether a trial judge's failure to instruct the jury as to the factual elements necessary to support a sentence enhancement for use of a deadly and dangerous weapon, under Penal Code section 12022, subdivision (b),1 is prejudicial. Section 12022(b) imposes an additional term of one year upon "[a]ny person...

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