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PEOPLE v. DORSEY

Docket No. 4824.

28 Cal.App.3d 15 (1972)

104 Cal. Rptr. 326

THE PEOPLE, Plaintiff and Respondent, v. HERMAN DORSEY, Defendant and Appellant.

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

October 4, 1972.

Attorney(s) appearing for the Case

COUNSEL

John F. Ingro for Defendant and Appellant.

Evelle J. Younger, Attorney General, Herbert L. Ashby and Edward A. Hinz, Jr., Chief Assistant Attorneys General, William E. James, Assistant Attorney General, Jay D. Coulter, Yvonne H. Behart and Mark L. Christiansen, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

GARDNER, P.J.

After a fatal family altercation, the defendant was convicted of second degree murder and assault with a deadly weapon. The jury also found to be true the allegation of the use of a firearm. (Pen. Code, § 12022.5.)1 At sentencing, the trial court expressed itself as being disposed to dismiss the use of a firearm allegation because...

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