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PEOPLE v. DAMIAN

No. G044308.

THE PEOPLE, Plaintiff and Respondent, v. MARCO ANTONIO DAMIAN, Defendant and Appellant.

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

Filed March 2, 2012.

Attorney(s) appearing for the Case

Diane E. Berley , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Gary W. Schons , Assistant Attorney General, Gil Gonzalez , Eric Swenson and Garrett Beaumont , Deputy Attorneys General, for Plaintiff and Respondent.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

OPINION

BEDSWORTH, ACTING P. J.

This appeal follows Marco Damian's fourth trial for crimes arising from a deadly shooting spree he aided and abetted back in 1991. However, it is not so much what happened at Damian's fourth trial as what happened at his third trial that provides the basis for his appeal. Due to a charging error in his third trial, Damian was convicted not only of second degree murder, but...

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