People v. McGreen

Opinion

FEINBERG, J.

Appellants McGreen and Race were charged in three counts as follows: Count I—robbery of one Kurt Flickner (Pen. Code, § 211),1 count II—attempted robbery of a gasoline station (§ 664), and count III—burglary of a gasoline station (§ 459).2 Each count contained an allegation that in the commission of the alleged offenses, appellant McGreen did personally use a firearm in violation of section 12022.5. Each count contained a further allegation that in the commission of each alleged offense, appellant Race was armed with a firearm in violation of section 12022, subdivision (a).

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