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PEOPLE v. FRYE

Docket No. D001356.

166 Cal.App.3d 941 (1985)

213 Cal. Rptr. 319

THE PEOPLE, Plaintiff and Respondent, v. THOMAS GASTON FRYE et al., Defendants and Appellants.

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

April 15, 1985.

Attorney(s) appearing for the Case

COUNSEL

William J. Nickerson, Jr., and Joan T. Anyon, under appointments by the Court of Appeal, Brown, Nolan & Nickerson and Frank & Milchen for Defendants and Appellants.

John K. Van de Kamp, Attorney General, and Frederick R. Millar, Jr., Deputy Attorney General, for Plaintiff and Respondent.

OPINION

LEWIS, J.*

Thomas Gaston Frye and Kim Leffingwell appeal their jointly tried burglary convictions (Pen. Code, § 459). Both contend no substantial evidence supports the judgment. Leffingwell also asserts the court improperly (1) excluded as hearsay his postarrest statement to the arresting officer and (2) refused his proposed jury instruction. Frye additionally asserts prosecutorial misconduct...

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