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PEOPLE v. OCHOA

No. E045756.

179 Cal.App.4th 650 (2009)

THE PEOPLE, Plaintiff and Respondent, v. GUILLERMO OCHOA, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Two.

CERTIFIED FOR PARTIAL PUBLICATION

Attorney(s) appearing for the Case

Brett Harding Duxbury, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Rhonda Cartwright-Ladendorf, Kristen Chenelia and Vincent La Pietra, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

MILLER, J.—

A jury convicted defendant Guillermo Ochoa of carjacking (count 1—Pen. Code, § 215, subd. (a)),1 attempted robbery (count 2—§§ 664, 211), felon in possession of a firearm (count 3—§ 12021, subd. (a)(1)), and active participation in a criminal street gang (count 4—§ 186.22, subd. (a)). The jury hung on the section 186.22, subdivision ...

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