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PEOPLE v. GARCIA

Docket No. B020204.

201 Cal.App.3d 324 (1988)

247 Cal. Rptr. 94

THE PEOPLE, Plaintiff and Respondent, v. MASIMO MATIENSO GARCIA, Defendant and Appellant.

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

May 17, 1988.

Attorney(s) appearing for the Case

COUNSEL

Frank O. Bell, Jr., and Harvey Zall, State Public Defenders, under appointment by the Court of Appeal, Monica Knox, Acting State Public Defender, and Nancy Gaynor, Deputy State Public Defender, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, John R. Gorey and William H. Davis, Jr., Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

ASHBY, Acting P.J.

By jury trial appellant Masimo Matienso Garcia was convicted of first degree murder with use of a firearm. (Pen. Code, §§ 187, 12022.5.) He admitted a prior conviction of a serious felony (Pen. Code, § 667, subd. (a)) and was sentenced to a total prison term of 32 years to life.

On December 25, 1984, appellant shot and killed the victim...

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