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PEOPLE v. BARRAGAN

No. B216924.

THE PEOPLE, Plaintiff and Respondent, v. GABRIEL BARRAGAN, Defendant and Appellant.

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

Filed October 26, 2010.

Attorney(s) appearing for the Case

Jerome McGuire, 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, Steven D. Matthews and Susan S. Kim, Deputy Attorneys General, for Plaintiff and Respondent.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

WILLHITE, J.

INTRODUCTION

Defendant Gabriel Barragan is a self-admitted member of the Eastside Trece gang. He shot and killed two men he erroneously believed were members of the rival Florencia gang. The prosecution charged him with first degree murder but the jury convicted him of voluntary manslaughter based upon a claim of imperfect self-defense. (§ 192, subd. (a).)1

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