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PEOPLE v. SUMMERSVILLE

Docket No. D020205.

34 Cal.App.4th 1062 (1995)

40 Cal. Rptr.2d 683

THE PEOPLE, Plaintiff and Respondent, v. BYRON SUMMERSVILLE, Defendant and Appellant.

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

May 5, 1995.

Attorney(s) appearing for the Case

COUNSEL

Melody Harris, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Holly D. Wilkens and Jeffrey J. Koch, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BENKE, J.

A jury found Byron Summersville guilty of the second degree murder (Pen. Code,1 § 187, subd. (a)) of Timothy Burke with personal knife use (§ 12022, subd. (b)) (count 1) and assault with a deadly weapon (§ 245, subd. (a)(1)) on Alberto Fox with personal knife use and personal infliction of great bodily injury (§ 12022.7) (count 2). The court sentenced him to twenty...

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