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PEOPLE v. FELIX

No. B204858.

172 Cal.App.4th 1618 (2009)

___ Cal.Rptr.3d ___

THE PEOPLE, Plaintiff and Respondent, v. ANDRES FELIX, Defendant and Appellant.

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

April 16, 2009.

Attorney(s) appearing for the Case

Ava R. Stralla, 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, Paul M. Roadarmel, Jr., and Viet H. Nguyen, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

O'NEILL, J.*

After threatening to kill Martin Gomez, appellant Andres Felix fired two gunshots into Mr. Gomez's master bedroom window. Felix knew Mr. Gomez was at home, and knew it was highly likely that two children were also in the house. A jury convicted Felix of attempted premeditated murder, with a finding that he personally discharged a firearm during the commission...

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