Legal Opinion

People v. Superior Court (Duran)

California Court of Appeal

Decided August 31, 1978No. Civ. 4147PublishedCited by 27 opinions

1Opinion of the Court

Opinion

BROWN (G. A.), P. J.

Real party in interest, Sherwin Lee Duran, having been convicted of attempted robbery (Pen. Code, §§ 211, 664), was sentenced by the trial court to a term of 18 months, that period being one-half of the middle term for robbery (24 months, 36 months or 48 months) (Pen. Code, § 213). The sentence was imposed pursuant to Penal Code section 664 which provides generally that “where no other provision is made by law for the punishment of . . . attempts” the punishment is “one-half the term of imprisonment prescribed upon a conviction of the offense so attempted; . . .” In…

2Cases cited25 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. Ex Parte LangeSupreme Court of the United States · 1874
  3. Pollard v. United StatesSupreme Court of the United States · 1957
  4. Bozza v. United StatesSupreme Court of the United States · 1947
  5. People v. SerratoCalifornia Supreme Court · 1973

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3Cited by27 opinions

  1. People v. BentonCalifornia Court of Appeal · 1979
  2. People v. HicksCalifornia Court of Appeal · 1982
  3. People v. SavalaCalifornia Court of Appeal · 1983
  4. People v. JacksonCalifornia Court of Appeal · 1981
  5. Popelka, Allard, McCowan & Jones v. Superior CourtCalifornia Court of Appeal · 1980

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

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