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PEOPLE v. FUNTANILLA

Docket No. A050648.

1 Cal.App.4th 326 (1991)

1 Cal. Rptr.2d 875

THE PEOPLE, Plaintiff and Respondent, v. GREGORIO C. FUNTANILLA, Defendant and Appellant.

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

November 26, 1991.

Attorney(s) appearing for the Case

COUNSEL

George L. Schraer, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, John H. Sugiyama, Assistant Attorney General, Ronald E. Niver and Gloria Folger DeHart, Deputy Attorneys General, for Plaintiff and Respondent.

[Opinion certified for partial publication.*]

OPINION

HANING, J.

Gregorio C. Funtanilla appeals his conviction by jury trial of rape in concert (Pen. Code, § 264.1)1 and two counts of oral copulation in concert. (§ 288a, subd. (d).) He challenges firearm use enhancements (§ 12022.3, subd. (a)) to the rape in concert conviction and to other counts of which...

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