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PEOPLE v. HERRERA

Docket No. 3784.

6 Cal.App.3d 846 (1970)

86 Cal. Rptr. 165

THE PEOPLE, Plaintiff and Respondent, v. DANIEL JOHN HERRERA, Defendant and Appellant.

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

April 22, 1970.

Attorney(s) appearing for the Case

COUNSEL

Howard A. Muhleman, under appointment by the Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Frederick R. Millar, Jr., Deputy Attorney General, for Plaintiff and Respondent.

OPINION

COUGHLIN, J.

Defendant Herrera and a codefendant Rodriguez, were charged with the offenses of assault with a deadly weapon (Pen. Code, § 245), in count I, and discharging a firearm at a vehicle on a highway with intent to do great bodily injury (Veh. Code, § 23110), in count II; were tried by a jury; and were found guilty of both offenses. At the time of sentencing, upon motion of the district attorney because dual...

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