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  5. 232 Cal.App.3d 316 (1991)
 

PEOPLE v. BRITO

Docket No. D010261.

232 Cal.App.3d 316 (1991)

283 Cal. Rptr. 441

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL BRITO, Defendant and Appellant.

Court of Appeals of California, Fourth District Division One.

July 16, 1991.

Attorney(s) appearing for the Case

COUNSEL

Gary Nelson, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, Richard B. Iglehart, Chief Assistant Attorney General, Harley D. Mayfield, Assistant Attorney General, Robert M. Foster and M. Howard Wayne, Deputy Attorneys General, for Plaintiff and Respondent.

[Opinion certified for partial publication.1]

OPINION

WORK, J.

Michael Brito appeals a judgment of convictions of robbery (Pen. Code,2 § 211), attempted murder, with a finding of premeditation and deliberation (§§ 664, 187, subd. (a)), and assault with a firearm (§ 245, subd. (a)(2)). He asserts the court erred by (1) failing to instruct on attempted...

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