California Court of Appeal September 29, 1981, Crim. 13129 (People v. Cree)

Opinion

WIENER, J.

Duane Cree was charged by information with murder (Pen. Code, § 187),

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robbery (§ 211), assault with a deadly weapon, a knife (§ 245, subd. (a)), and burglary (§ 459). All offenses were alleged to have occurred on August 13, 1979. It was further alleged Cree personally used a firearm, a rifle, in the commission of each offense (§ 12022.5).