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District Court of Appeal, Third District, California.

PEOPLE of the State of California, Plaintiff and Respondent, v. James LEE, Defendant and Appellant.

Cr. 2970.

Decided: December 22, 1959

A. Richard Backus, Sacramento, for appellant. The Attorney General, by Doris H. Maier, Deputy Atty. Gen., for respondent.

This is an appeal from a judgment entered upon a jury's verdict which found appellant guilty of robbery in the second degree.

Upon appellant's request this court appointed counsel to represent him on appeal. Counsel has advised the court that in addition to reviewing the record, he conferred personally with appellant and with the attorney who represented him at the trial; and that he finds no merit in the appeal. Appellant was so advised and was granted 30 days within which to file a brief in pro. per. if he so desired. This he has not done. Nevertheless, we have made an independent examination of the record and have concluded there was no error. The record shows the victim of the robbery positively identified appellant.

The judgment is affirmed.

VAN DYKE, Presiding Justice.

SCHOTTKY and PEEK, JJ., concur.

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