[Download] "Gorman v. Gorman" by Fourth Appellate District, Division Two Court of Appeal of California * eBook PDF Kindle ePub Free

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eBook details

• Title: Gorman v. Gorman
• Author : Fourth Appellate District, Division Two Court of Appeal of California
• Release Date : January 14, 1979
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Defendant, Steven Clair Wischemann, appeals from a judgment of conviction entered on a jury verdict finding him guilty of four counts of robbery (Pen. Code, § 211), while armed (Pen. Code, § 12022, subd. (a)) and using a firearm (Pen. Code, § 12022.5) during the commission of each offense. Defendant contends that: 1) he is entitled to a new trial on the issue of sanity in light of People v. Drew, 22 Cal. 3d 333 [149 Cal. Rptr. 275, 583 P.2d 1318], decided after the trial of this matter; 2) the trial court erred by failing to exclude his confession, which was involuntary as a matter of law; 3) his conviction on two counts pursuant to Penal Code section 12022.5 violates Penal Code section 654, as the robberies were part of a single criminal transaction; and 4) he is entitled to 155 days credit for time served before trial. The People concede that defendant cannot suffer both arming and use enhancements for the same offense and that the matter must be remanded for the trial courts determination of the credit for time served issue. For the reasons set forth below, we have concluded that in all other respects, the judgment must be affirmed.

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