Legal Opinion

People v. McElheny

California Court of Appeal

Decided October 19, 1982No. Crim. 13408PublishedCited by 12 opinions

1Opinion of the Court

Opinion

COLOGNE, J.

Mark Albert McElheny appeals his jury-tried conviction and sentence to prison for robbery and burglary, both with personal use of a firearm (Pen. Code, §§211, 459 and 12022.5), 1 and for assault on a peace officer and assault with a deadly weapon, both while armed with a firearm (§§ 245, subd. (b), 245, subd. (a), and 12022, subd. (a)).

On July 17, 1980, McElheny and his accomplice, John Gafney, carried out their plan to rob Marie Callendar’s restaurant in Fullerton. Wearing ski masks and using a pistol and shotgun, the gunmen obtained $4,000 from the safe, forced the…

2Cases cited21 opinions

  1. People v. WatsonCalifornia Supreme Court · 1956
  2. Sandstrom v. MontanaSupreme Court of the United States · 1979
  3. People v. SedenoCalifornia Supreme Court · 1974
  4. People v. FlannelCalifornia Supreme Court · 1979
  5. Stroble v. CaliforniaSupreme Court of the United States · 1952

16 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. People v. RichieCalifornia Court of Appeal · 1994
  2. People v. LynnCalifornia Court of Appeal · 1984
  3. People v. ValenzuelaCalifornia Court of Appeal · 1985
  4. People v. BruckerCalifornia Court of Appeal · 1983
  5. People v. HillCalifornia Court of Appeal · 1983

7 more not listed; retrieve them via the Exa API.

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