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PEOPLE v. AGUILAR

Docket No. 21575.

32 Cal.App.3d 478 (1973)

108 Cal. Rptr. 179

THE PEOPLE, Plaintiff and Respondent, v. LEO GUERRERO AGUILAR, Defendant and Appellant.

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

May 18, 1973.

Attorney(s) appearing for the Case

COUNSEL

Helen E. Simmons, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Attorney General, William E. James, Assistant Attorney General, Howard J. Schwab and Lawrence P. Scherb II, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

KAUS, P.J.

An amended information charged defendant with the murder (Pen. Code, § 187) of Hector J. Solis. It also charged that the defendant, in committing the offense, used a firearm. (Pen. Code, § 12022.5.) After lengthy deliberations a jury found defendant guilty of second degree murder. The firearm charge was found to be true. Defendant appeals.

FACTS

The homicide occurred during the night...

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