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PEOPLE v. MARTIR

B201720

THE PEOPLE, Plaintiff and Respondent, v. CARLOS M. MARTIR, Defendant and Appellant.

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

Not to be Published in the Official Reports

Attorney(s) appearing for the Case

Randi Covin, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Kenneth C. Byrne and Tasha G. Timbadia, Deputy Attorneys General, for Plaintiff and Respondent.

ROTHSCHILD, J.

A jury convicted Carlos Martir of the attempted murder of Rafael Anguiano, one of three people Martir shot in an altercation in a restaurant. On appeal, Martir argues that the evidence is insufficient to support the attempted murder conviction and that the trial court erred by failing to instruct the jury on attempted voluntary manslaughter, a lesser included offense. We disagree and affirm.

BACKGROUND

The information charged Martir...

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