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PEOPLE v. MITCHELL

No. B151026.

2 Cal.Rptr.3d 49 (2003)

110 Cal.App.4th 772

The PEOPLE, Plaintiff and Respondent, v. Jeffrey Dewayne MITCHELL, et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division One.

Review Denied October 15, 2003.

Attorney(s) appearing for the Case

Robert E. Boyce, San Diego, under appointment by the Court of Appeal, and Boyce & Schaefer for Defendant and Appellant Jeffrey Dewayne Mitchell.

Kathy M. Chavez, under appointment by the Court of Appeal, for Defendant and Appellant Robert Jimmie Rogers.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Linda C. Johnson, Supervising Deputy Attorney General, and Scott A. Taryle, Deputy Attorney General, for Plaintiff and Respondent.

Certified for Partial Publication.*

MALLANO, J.

Jeffrey Mitchell and Robert Rogers appeal from judgments entered following a joint trial in which they were convicted of first degree murder and found to have personally used firearms. It was further found that the crime was committed for the benefit of a street gang. In the published portion of this opinion, we conclude that the trial...

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