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PEOPLE v. RODRIGUEZ

Docket No. Crim. 24124.

42 Cal.3d 1005 (1986)

728 P.2d 202

232 Cal. Rptr. 132

THE PEOPLE, Plaintiff and Respondent, v. JUAN RODRIGUEZ et al., Defendants and Appellants.

Supreme Court of California.

December 11, 1986.

Attorney(s) appearing for the Case

COUNSEL

Tom Takenouchi, under appointment by the Supreme Court, Frank O. Bell, Jr., and Quin Denvir, State Public Defenders, under appointment by the Court of Appeal, and Richard Avila, Deputy State Public Defender, for Defendants and Appellants.

John K. Van de Kamp, Attorney General, John R. Gorey and William V. Ballough, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

LUCAS, J.

Defendant Juan Rodriguez (hereinafter Juan) appeals after he was charged with and convicted of kidnapping (Pen. Code, § 207; all further statutory references are to this code) and discharging a firearm at an inhabited dwelling (§ 246) while personally using a firearm (§§ 12022.5, 1203.06, subd. (a)(1)). He was sentenced to the lower term of three years with the firearm use enhancement stayed....

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