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PEOPLE v. ESPINOZA

Docket No. 29693.

73 Cal.App.3d 287 (1977)

140 Cal. Rptr. 846

THE PEOPLE, Plaintiff and Respondent, v. JOSEPH JESSE ESPINOZA, Defendant and Appellant.

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

August 22, 1977.

Attorney(s) appearing for the Case

COUNSEL

Hecht, Diamond & Greenfield and Roger Jon Diamond for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, William R. Pounders and Michael Nash, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BEACH, J.

After a jury trial, Joseph Espinoza was found guilty of assault with a deadly weapon. (Pen. Code, § 245, subd. (a).) The jury further found that the allegation that he used a firearm pursuant to Penal Code sections 12022.5 and 1203.06 was true.1

FACTS:

Appellant Espinoza fired a shot at Roddrick Devious Johnson and...

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